For What It’s Worth.......
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Ratification of the Equal Rights Amendment
Congress has constitutional authority to impose a deadline for ratifying a proposed
constitutional amendment. It exercised this authority when proposing the Equal Rights
Amendment and, because three-fourths of the state legislatures did not ratify before
the deadline that Congress imposed, the Equal Rights Amendment has failed of adoption
and is no longer pending before the States. Accordingly, even if one or more state
legislatures were to ratify the proposed amendment, it would not become part of the
Constitution, and the Archivist could not certify its adoption under 1 U.S.C. § 106b.
Congress may not revive a proposed amendment after a deadline for its ratification has
expired. Should Congress wish to propose the amendment anew, it may do so through
the same procedures required to propose an amendment in the first instance, consistent
with Article V of the Constitution.
January 6, 2020
MEMORANDUM FOR THE GENERAL COUNSEL
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
https://www.justice.gov/olc/file/1232501/download