President Biden’s attempt to bypass legislative pathways and declare the Equal Rights Amendment (ERA) as law sparks concerns about constitutional integrity.
Constitutional Challenges
In a contentious move, President Biden issued an executive order declaring the Equal Rights Amendment (ERA) as the law of the land. Critics argue this approach sidesteps required legislative protocols, igniting fears about the potential erosion of fundamental constitutional processes. The ERA, designed to ensure equal rights regardless of sex, was not ratified by the necessary three-fourths of state legislatures, falling short over four decades ago.
President Biden has voiced support for the ERA, calling it the 28th Amendment, but this does not legally ratify it. The amendment's ratification deadline has long passed, and it requires further legislative or judicial action to be officially recognized. pic.twitter.com/i9bQNx7oED
— 𝐃𝐚𝐫𝐤 𝐇𝐚𝐢𝐫𝐞𝐝 (@DKH013) January 17, 2025
Despite its historical failure to pass, Biden’s recent position attempts to reinvigorate the ERA, a statute Congress passed in 1972. His declaration, however, has been termed legally meaningless and an affront to constitutional integrity, prompting intense debate over the consequence of such executive action.
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
Continued Relevance
Biden’s opponents argue that this executive order could eliminate protective distinctions between males and females, such as exemptions from selective service and safeguarding for pregnant women. Furthermore, critics fear it could be manipulated to legalize abortion nationwide and mandate gender identity policies. In addition to these contention points, several states, including Nevada, Illinois, and Virginia, have recently attempted to ratify the expired amendment, which has been ruled legally irrelevant.
“In 2020 and again in 2022, the Office of Legal Counsel of the U.S. Department of Justice affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable” – the archivist.
The Justice Department has maintained that the ratification deadline is legitimate and binding, reinforcing that recent attempts do not overturn previous outcomes. This affirmation by the Office of Legal Counsel further supports the stance that the ERA cannot be revived simply by executive declaration.
The Limits of Executive Power
The Biden administration transparently admits the executive action on the ERA “won’t have the force of law.” Yet, this maneuver illustrates a broader trend of presidents pushing the bounds of executive authority, raising alarms about the future balance of power. Critics see such actions as an assault on the rule of law, posing risks of setting precedents for bypassing legislative scrutiny in constitutional matters.
“won’t have the force of” law”—The Biden White House.
This development invites broader reflections on the scope of presidential authority and the safeguarding of checks and balances within the nation’s democratic framework. Ultimately, preserving these constitutional structures is essential to maintaining the integrity of America’s democratic principles.