Texas Law Review Archives
 

Volume 57
1978-1979

Issue Number 6

Observations:
Ruth Bader Ginsburg, Ratification of the Equal Rights Amendment: A Question of Time, 57 Texas L. Rev. 919 (1979).
 

Abstract:
This observation is the text of the twelfth Will E. Orgain Lecture, substantially as delivered at the University of Texas School of Law on March 22, 1979. In “Ratification of the Equal Rights Amendment,” Professor Ginsburg discusses principle issues regarding the extension of the Ratification time for the Equal Rights Amendment. In particular, Ginsburg addresses the question of Congressional authority to extend the time frame, the vote required, and the possible role for the President. She argues the Supreme Court should accord Congress deference in its extension decision because the manner in which Congress dealt with the issue falls within its constitutional boundary. She then discussed the policy question whether Congress acted responsibly in extending the ratification period. She answers that they did, in that extension permits responsible members of the community to speak out more valuably than they had and allow for more rational discourse. Finally Professor Ginsburg turns to the question of rescission. This discussion examines the debate whether the consensus on ratification must be contemporaneous or whether states could change their minds after having ratified or rejected. Ginsburg concludes by urging ratification of the ERA.

 





 

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