Minggu, 24 November 2019

The Ratification Of The Era


I must enjoin that business office of me is appalled past times the declaration beingness made that the ERA is nonetheless on the tabular array for ratification, so that it is thus legally pregnant that Illinois in addition to other states are "ratifying" it.  Unless 1 makes the altogether untenable arguments that a) Congress cannot impose a fourth dimension boundary on the consideration of proposed amendments in addition to b) that states convey no right to rescind before ratifications prior to the add-on of a proposed amendment to the Constitution, in addition to then the ERA, alas, died every bit a legal possibility inward 1982 (assuming of course, that Congress had the ability to extend the fourth dimension for ratification).  

Let me offering the next analogy:  As many of you lot know I reckon the USA a basically illegitimate establishment because of the indefensible allotment of equal voting ability to each state.  Yes, I know it was business office of the Great Compromise that made the Constitution possible, but the same is truthful of protections of slavery, in addition to the Senate has aught to a greater extent than to commend itself than did the three-fifths clause.  We got rid of the latter, at the terms of 750,000 lives; we're nonetheless stuck amongst the former.  So imagine, every bit is non at all empirically unlikely, that  legislation clearly supported past times a bulk of the province every bit demonstrated both inward national polls in addition to past times taking into work concern human relationship the actual seat out of constituents of the respective senators, inward the votes of members of the Senate, is nonetheless defeated inward the Senate past times a bulk of senators representing, say, 30% of the national population. (Recall that over 50% of the U.S. population lives right away inward nine of the 5th states, which means, past times definition, that less than one-half of the full population gets 82% of the full 100 senators). One tin give the sack refrain the illustration past times adding the filibuster.  Thus the Dream Act would clearly convey passed inward Dec 2010 in addition to enthusiastically been signed past times the President had GOP senators non filibustered it inward the Senate.  This was non "majority rule," but pure "tyranny of the minority."

One actually doesn't convey to imagine what happened inward Dec 2010.  But 1 would convey to imagine President Obama belongings a "signing ceremony" inward the Oval Office, piece making the altogether right declaration that the legislation had bulk back upwards in addition to he just wasn't going to recognize the legitimacy of the filibuster every bit an obstructionist tactic.  I assume that (almost) all of us would enjoin that he actually couldn't practice that, fifty-fifty if nosotros agreed that the GOP obstructionism was morally in addition to politically outrageous.  Any attempts to "enforce" the "legislation" would, I presume, convey been rebuffed past times the judiciary on the dry soil that it was entirely ersatz-legislation.  

So what, exactly, is the deviation betwixt past times even virtually the Dream Act in addition to the declaration that the ERA is nonetheless upwards for ratification?  

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