Article:
Grover Rees III, Throwing Away the Key: The Unconstitutionality of the Equal Rights Amendment Extension, 58 TEXAS L. REV. 875 (1980).
 

Abstract:
The deadline for passing the Equal Rights Amendment (ERA) has passed. Congress undoubtedly has the authority to create an additional period for states to ratify the ERA, but Congress has overstepped its bounds by extending the validity of the existing ratifications beyond their expiration dates. This article responds to Professor Ginsburg’s recent article supporting Congress’s action. This article suggests the importance of two principles of constitutional amendment: 1) the Constitution can be amended only by consensus, and 2) the words of documents are prima facie evidence of the intent of those that executed the document. The article concludes that due respect to these two constitutional principles can only be given by insisting that a state legislature, and not Congress, be the only body allowed to extend a state’s ratification. Allowing Congress to extend the states’ ratifications against their will has important ramifications: it sets a precedent by which a simple majority of Congress can exercise plenary power to commandeer the amendment process. It is important to reject this attempt by Congress.