Document Type
Article
Publication Date
2022
Abstract
This Article examines the paradoxical world of Article V - the amending power of the Constitution - in light of the recent ratification of the Equal Rights Amendment (ERA). It explores the question of whether Article V issues are justiciable, what role the federal and state courts play in determining Article V procedures, and who has the jurisdiction to evaluate the legal sufficiency of state ratifications. This is a confounding area of law, and with a few judicial precedents, some textualism and originalism arguments, and recourse to logic and scholarship, I conclude that the ERA is validly the Twenty-Eighth Amendment. I provide a detailed analysis of the congressional deadline and rescission issues that are currently before the courts and explore the unique role of the states in exercising their Article V powers to effect constitutional change.
Recommended Citation
Wright, Danaya C., "Adventures in the Article V Wonderland: Justiciability and Legal Sufficiency of the ERA Ratifications" (2022). UF Law Faculty Publications. 1198.
https://scholarship.law.ufl.edu/facultypub/1198