January 18, 2025
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0:44Now PlayingPresident Joe Biden declared the 1972 Equal Rights Amendment as “the law of the land” on Friday, using one of the final days of his presidency to burnish his record on women’s rights. #biden #era #politics
But his 172-word statement declaring the constitutional amendment ratified is unlikely to have any legal effect. The president plays no formal role in certifying constitutional amendments, and the US archivist — who does have that responsibility — has said the amendment has fallen short of ratification.
At issue is a provision requiring 38 states to approve the amendment within seven years of its submission to them by Congress. By the time that deadline hit in 1979, only 35 states had done so.
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