Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SR107

Introduced
3/15/23  

Caption

A resolution recognizing the expiration of the Equal Rights Amendment proposed by Congress in March 1972, and observing that Congress has no authority to modify a resolution proposing a constitutional amendment after the amendment has been submitted to the States or after the amendment has expired.

Impact

The resolution outlines the historical context of the ERA and the judicial interpretations surrounding the amendment's ratification deadline. It asserts that only 35 out of the necessary 38 states ratified the ERA before its seven-year deadline, and furthermore, some states rescinded their ratification, which raises questions regarding the validity of continued attempts to revive the amendment under its expired status. The resolution cites various court rulings affirming the legitimacy of the deadline and Congress's limited role once a proposal has been made to the states.

Summary

SR107 is a resolution that acknowledges the expiration of the Equal Rights Amendment (ERA), which was proposed by Congress in March 1972. The bill explicitly states that Congress has no authority to alter the resolution proposing a constitutional amendment once it has been submitted to the states, or after its expiration. The resolution reinforces the constitutional process outlined in Article V, which assigns the power of proposing amendments to Congress and requires ratification by three-fourths of the states for an amendment to be adopted.

Contention

Debate surrounding SR107 centers on the broader implications for women's rights and constitutionality. Proponents of the resolution argue that recognizing the expiration of the ERA is necessary to uphold the integrity of the constitutional amendment process. In contrast, supporters of the ERA view the resolution as an effort to undermine women's rights by denying the necessity of the amendment. The resolution opens conversations about evolving interpretations of rights and gender equality in constitutional law.

Companion Bills

No companion bills found.

Previously Filed As

US SJR39

A joint resolution expressing the sense of Congress that the article of amendment commonly known as the "Equal Rights Amendment" has been validly ratified and is enforceable as the 28th Amendment to the Constitution of the United States, and the Archivist of the United States must certify and publish the Equal Rights Amendment as the 28th Amendment without delay.

US HJR82

Expressing the sense of Congress that the article of amendment commonly known as the "Equal Rights Amendment" has been validly ratified and is enforceable as the Twenty-Eighth Amendment to the United States Constitution, and the Archivist of the United States must certify and publish the Equal Rights Amendment as the Twenty-Eighth Amendment without delay.

US SJR2

A joint resolution proposing an amendment to the Constitution of the United States relative to limiting the number of terms that a Member of Congress may serve.

US HJR14

This joint resolution proposes a constitutional amendment repealing the Sixteenth Amendment to the Constitution. The Sixteenth Amendment to the Constitution, ratified in 1913, specifies that Congress may collect federal income taxes.

US S2319

Resolutions for a United States Constitutional Amendment and a limited amendment proposing convention

US S2463

Resolutions for a United States Constitutional Amendment and a limited amendment proposing convention

US HJR11

Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve.

US HCR0003

A concurrent resolution calling on the Archivist of the United States to certify and publish the Equal Rights Amendment as the Twenty-Eighth Amendment to the United States Constitution and calling on the United States Congress to declare the Equal Rights Amendment ratified.

US H3502

Resolutions for a United States constitutional amendment and a limited amendment proposing convention

US HF197

A resolution memorializing Congress to resolve that the requirements have been met to ratify the Equal Rights Amendment (ERA) and that it shall now be known as the Twenty-Eighth Amendment to the Constitution.

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