“Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” — Section 1 of the Equal Rights Amendment.
It’s a fair guess that at some point in their lives most women have had someone, usually a man, but sometimes another woman, urge them to smile more, as if it were incumbent upon women to always appear pleasant and non-threatening. No one tells men to smile, except maybe for pictures. This past week, on Wednesday, May 30, Illinois became the 37th state to ratify the Equal Rights Amendment (ERA), leaving the amendment one state short of the approval by three fourths of the states required to become law. That’s reason to smile. Celebration, however, may still be a long struggle away.
When the United States Congressapproved the ERA in 1972, they sent it on to the states with a seven year limit for ratification written into the proposal, something that had become common practice ever since the proposal for the 18th Amendment (Prohibition), with the one exception of the 19th Amendment (Women’s Suffrage). After ratification stalled at 35 states in 1977, Congress eventually granted an extension on the time limit until 1982. The amendment has remained in limbo since then, until 2017 when Nevada, under pressure from a renewed groundswell in the women’s rights movement due to current events both in politics and in the workplace, ratified the amendment to move the total to 36.
Alice Paul, on the right, leader of the feminist movement in America and vice president of the Woman’s Party, meets with Mildred Bryan, youngest Colorado feminist, in the Garden of the Gods at Colorado Springs, where on September 23rd, 1925, the Party launched its western campaign for an amendment to the Constitution giving equal rights to women. Photo by H.L. Standley.
There is some questionwhether the amendment will indeed become law with ratification by a 38th state because of the time limit imposed in its proposal by Congress, and because a handful of state legislatures have rescinded their ratification since the 1970s. There is nothing explicit in Article V of the Constitution, which deals with the amendment process, stating Congress should impose a time limit on ratification. In the 1921 case of Dillon v. Gloss, the Supreme Court inferred from Article V that Congress had the power to impose a time limit, settling that argument on shaky ground. In 1939, in the case of Coleman v. Miller, the Supreme Court sent the ball back into Congress’s arena of politics on whether ratification by states after the expiration of a time limit had any validity, and whether states were allowed to rescind ratifications. Those questions have remained unchallenged, and therefore unsettled, ever since.
In an episode of the 1970s television show All in the Family, Archie Bunker argues with his neighbor Irene Lorenzo , played by Carroll O’Connor and Betty Garrett, about equal pay for equal work after Irene starts working at the same place as Archie. 46 years after Congress passed the ERA in 1972, the issue remains unsettled.
There has been a development since 1939 that further clouds the entire issue of a time limit on ratification, and that is the full ratification of the 27th Amendment (Congressional Pay Raises) in 1992, after a delay of 203 years since its passing by Congress in 1789. No time limit had been imposed by Congress in 1789, of course, but since it nonetheless became the law of the land after hundreds of years of languishing in the docket, it raises the question of the legality of the decision in Dillon v.Gloss and sets a precedent for proponents of the ERA to follow in seeking to overturn the expiration of its time limit in 1982. If and when a 38th state ratifies the ERA, that state most likely being Virginia, the matter will probably bounce from the courts back to Congress, where it will have to be settled politically, making the upcoming 2018 congressional midterm elections important for yet one more reason. Until then, smile when you feel like smiling, or not at all.
— Vita
Once again Arizona has stepped forward with groundbreaking legislation after the State Senate passed on Wednesday, February 22, a bill that would allow the state to charge the organizers of peaceful protests with racketeering if rioting erupts. Among the niceties of the bill are civil asset forfeiture, allowing the state to seize the property of the protest organizers. How do you keep taxes low? By stealing! The bill awaits review in the State House of Representatives. The last time the Arizona legislature made such a big splash in the national news was 2010, when it led the way in the fight against illegal immigration with the “Show me your papers” bill that went all the way to the United States Supreme Court, which struck down three of its four provisions. The back and forth on that bill between Arizona Governor Jan Brewer and President Barack Obama ultimately led to the finger wagging incident (Yay, Jan!) on the tarmac of the Phoenix airport in 2012.
A scene from 1984, starring John Hurt, Richard Burton, and Suzanna Hamilton.Lest we forget Obama and his usefulness, he’s masquerading here as the hated Emmanuel Goldstein on the screen in the auditorium.
This seems as good a time as any to propose an Alternative Constitution. There’s no need to formalize things with a constitutional convention, though if one were really necessary there couldn’t be two better candidates to co-chair the convention than Joe Arpaio, former sheriff of Maricopa County in Arizona, and Yvette Felarca, a leader of the violent “By Any Means Necessary” group in California. Both are tough-talking, no-nonsense types who will make sure things get done at the convention or they’ll bust some heads to know the reasons why. Like Archie and the Meathead on All intheFamily, they are opposite sides of the same coin, though not nearly as many laughs.
All in the Family reminds us that politics colors nearly everything in life, like it or not.
Here are some highlights of the Alternative Constitution:
Amendment 1 – Congress shall make no some law[s] respecting an establishment of [a certain] religion, or prohibiting the free exercise thereof [of some of them]; or abridging the freedom of speech [for some people], or of the [not fake news] press; or the right of the [certain] people peaceably to assemble, and to petition the Government for a redress of grievances [of some people].
Amendment 2 – A well regulated Militia, being necessary to the security of a free State, [T]he right of the people to keep and bear Arms [lots of them; high powered semi-automatics, too], shall not be infringed.
Amendment 4 – The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not [sometimes] [often] be violated, and no Warrants shall issue, but upon probable [almost any] cause, supported by [sometimes secret] Oath or affirmation, and particularly [vaguely] describing the place to be searched, and the persons or things to be seized [and locked away for good!].
Article 1, Section 9, Clause 8 – No Title of Nobility shall be granted by the United States: And no [non orange and non bigly] Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument [except rental income and business favors], Office, or Title, of any kind whatever, from any King, Prince or foreign State.
Cactus with flowers, a true gift of Arizona.
Pretty good, huh? Feel free to alter the text yourself, and to print it out in ALL CAPS, if that suits your political bent. Nothing gets a point across like YELLING, after all. The Dated Constitution, or DC, will be kept around in the National Archives, where tourists can gawk at it and scholars can squabble about the nuances of its language. The late Justice Antonin Scalia, who soon may have a federal courthouse named after him in Charlottesville, Virginia, cleared the way for interpreting our most important national document by underscoring that freewheeling activist judicial decisions are BAD, except when rendering a judgment in a case such as Bush v. Gore, which was GOOD, and not activist at all. (To which Justice Clarence Thomas might have added, were he to speak, “Ditto!”) No worries then with the Alternative Constitution, or AC, which will be the document of record for folks like University of California-Davis campus cop Lieutenant John Pike and the eloquent Zack Fisher of Phoenix, Arizona, both stout defenders of freedom against the despicable encroachments of sniveling protesters and pushy brown immigrants. Thanks to Arizona’s new law, all these paid protesters will soon get their comeuppance when they try their shenanigans in The Grand Canyon State, and Supreme Leader at the helm in Washington is sure to have Arizona’s back, regardless of what activist so-called judges may have to say about it.
― Ed.
