President Biden’s final days in office spark constitutional controversy as he declares the Equal Rights Amendment law—Joe Biden’s announcement of the Equal Rights Amendment as law leads to debate over constitutional legitimacy.
Biden Declares ERA as 28th Amendment.
On the final Friday of his presidency, Joe Biden declared the Equal Rights Amendment the 28th Amendment to the Constitution, naming it the “law of the land.” This move incited significant controversy, given the amendment’s failure to achieve the necessary state ratifications by its congressional deadline. Biden’s assertive stance has been perceived as an overstep of executive power, igniting debate over the separation of powers.
DUPREE: BIDEN'S E.R.A. MOVE WAS DUMB
— ERA_No_Shortcuts (@ERANoShortcuts) January 18, 2025
In his highly regarded daily subscription newsletter Regular Order, veteran congressional journalist @jamiedupree called Biden's ERA statement "one of the dumbest things that I’ve ever seen from a President…let's get real–the ERA is not… pic.twitter.com/RsPDrGr9DH
The original ERA, proposed in 1972, sought to guarantee equal legal rights for all American citizens regardless of sex, reaching enough states’ ratifications initially but fell short by the ultimate deadlines. Biden’s insistence on the ERA’s validity has been labeled as legally groundless, escalating legal and political disputes.
President Joe Biden today announced the Equal Rights Amendment (ERA) is the “law of the land,” despite the U.S. archivist recently saying the president could not ratify the constitutional amendment. He says he 'ratified' it. Where does this lunacy end? pic.twitter.com/jfdZb0NSzS
— Kyyankeefan (@kyyankeefan44) January 17, 2025
Constitutional Controversy
The Constitution mandates amending through either a convention of states or through resolutions passed by two-thirds of Congress and ratified by three-fourths of states. The ERA’s current status does not meet this constitutional requirement. Critics argue Biden’s declaration effectively attempts to alter the Constitution without the proper legal framework, posing risks to constitutional integrity.
“Sir, this is not how the Constitution works,” – Mollie Hemmingway.
Conservative groups have voiced concerns over the unintended consequences of the ERA. Debates intensify over implications for single-sex facilities and other societal norms, which fuel growing unease about altering longstanding legal conventions.
Presidential Overreach Allegations
Biden’s ERA declaration has been met with accusations of governmental overreach, drawing parallels to autocratic governance. This criticism emphasizes the risks inherent in expansive executive interpretations of authority, particularly as a president’s term concludes. Observers focus on the implications of such actions for past and future administrations.
“The 28th Amendment is the law of the land,” – Biden.
Over the final days of his presidency, Biden’s initiatives have drawn criticism for their perceived casual destructiveness. This controversy reflects broader concerns regarding the constraints on presidential power and the potential for precedence-setting decisions late in an administration’s term.
Sources:
https://www.westernjournal.com/power-mad-biden-attempts-alter-constitution-final-friday-office/
