(01-18-2025, 03:04 PM)mikesez Wrote:

(01-18-2025, 01:27 PM)Jag149 Wrote: Ok so Biden declared the 28th amendment ratified and part of the constitution on his way out the door. Really cool, but he cannot do that. For the admendment to be included in the constitution the congress would need to start the process all over again. The last process expired in like 1979 or so if I remember correctly.  The President plays no part in amending the constitution. What is interesting if he really believes he did this it may provide grounds to make invalid things he did in these last few weeks based on his mental state of mind..

The argument is that 2/3 of Congress only has the authority to begin the process, but never to put a deadline on it. Previous proposals to amend the constitution did not come with deadlines. 
I'm sympathetic to the argument, but I doubt that the Congress in the 70s would have reached the two-thirds majority if they hadn't added a deadline to the proposal. 
Also, the Supreme Court has behaved as if the equal rights amendment is in place since before Ruth Bader Ginsburg was appointed. See the movie On the Basis of Sex.