What sort of reasonable time limit can Congress place on the ratification process?

April 15, 2021 Off By idswater

What sort of reasonable time limit can Congress place on the ratification process?

Six proposed amendments were not ratified by the states. – Congress can set a “reasonable” time limit for ratification, usually around seven years.

Can Congress change the ratification process?

Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states). Amendments proposed by Congress or convention become valid only when ratified by the legislatures of, or conventions in, three-fourths of the states (i.e., 38 of 50 states).

How long does Congress have to ratify an amendment?

Within the preamble, Congress stated the amendment would become “part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years of its submission by the Congress.”

Can the era still be ratified?

The three states had recently ratified the ERA, with Virginia claiming to be the 38th state — and final state — to ratify the amendment in 2020. Under the Constitution, constitutional amendments are valid once ratified by three-fourths of the states — or 38 states.

Did the framers of the Constitution set a time limit?

The Eighteenth Amendment was the first to set a time limit of seven years on its ratification.

How many states stood between ratification and the defeat of the ERA?

Three votes stood between the ratification and defeat of the ERA. Note that 5 states rescinded their ratifications before the 1979 deadline; however, there is no precedent or mechanism within the US Constitution for rescinding, and, thus, it becomes a legal question.

Why should the ERA be passed?

The Equal Rights Amendment is needed in order to prevent a rollback of women’s rights by conservative or reactionary political votes. The ERA will promote laws and court decisions that fairly take into account women’s, as well as men’s, experiences.

Is there a time limit for the ratification of an amendment?

It has been accepted that Congress may, in proposing an amendment, set a reasonable time limit for its ratification.

How long does it take for the Constitution to be ratified?

Beginning with the Eighteenth Amendment, save for the Nineteenth, Congress has included language in all proposals stating that the amendment should be inoperative unless ratified within seven years. 1 Seven-year periods were included in the texts of the proposals of the eighteenth, twentieth, twenty-first, and twenty-second amendments.

How is Congress allowed to ratify the Constitution?

Congress has complete freedom of choice between the two methods of ratification recognized by Article V: by the legislatures of the states or by conventions in the states. In United States v.

How many states have rescinded the ratification of the Constitution?

Four states had rescinded their ratifications and a fifth had declared that its ratification would be void unless the amendment was ratified within the original time limit. 43 The issue was not without its history.

Is there a time limit for the ratification of the Constitution?

RATIFICATION TIME LIMIT. A time limit provision does not exist anywhere in the U.S. Constitution. The 19th Amendment for women’s suffrage did not have a time limit and took 72 years to win. Yet Congress chose to limit the states to ten years to approve the Equal Rights Amendment for women.

Four states had rescinded their ratifications and a fifth had declared that its ratification would be void unless the amendment was ratified within the original time limit. 43 The issue was not without its history.

What was the time limit for the 19th Amendment?

The 19th Amendment for women’s suffrage did not have a time limit and took 72 years to win. Yet Congress chose to limit the states to ten years to approve the Equal Rights Amendment for women. Not surprising, Congress’s deadline expired before the final three states could approve.

Why are there no term limits for Congress?

In a 5-4 majority opinion written by Justice John Paul Stevens, the Supreme Court ruled that the states could not impose congressional term limits because the Constitution simply did not grant them the power to do so.