Skip to main content

Equal Rights Amendment Anniversary

On this day, in 1972, the Equal Rights Amendment was approved by Congress and sent to the states for ratification. The National Constitution Center has a very interesting blog post that talks about this proposed amendment to the U.S. Constitution, as well as three other proposed amendments that came (relatively) close to being ratified:

  • The Titles of Nobility Amendment: Sometimes referred to as "the missing 13th Amendment", this proposed amendment, originally approved by Congress in 1810 and technically still open for ratification (ala the 27th Amendment), came the closest of any to being ratified without succeeding, at one point needing just one more state for ratification!

  • The Child Labor Amendment: This proposed amendment, approved by Congress in 1924, would have explicitly given Congress the "power to limit, regulate, and prohibit the labor of persons under eighteen years of age." The amendment was proposed in response to U.S. Supreme Court decisions that found unconstitutional some earlier attempts by Congress to deal with child labor. Technically, this proposal is still susceptible to ratification and has been ratified by 28 states. Many have argued that the enactment of the Fair Labor Standards Act of 1938, ch. 676, 52 Stat. 1060 (codified as amended at 29 U.S.C. § 201-19 (2006)) made this amendment unnecessary. I mean, what are the chances we'll ever have a pro-business Congress and a pro-business President at the same time that would be capable of weakening (if not outright repealing) this legislative act?! Right? For an interesting discussion of this proposed amendment and its relationship to President Roosevelt's infamous court-packing plan, see Gerard N. Magliocca, "Court-Packing and the Child Labor Amendment", 27 Const. Commentary 455 (2011).

  • The District of Columbia Voting Rights Amendment:
  • This proposed amendment, approved by Congress in 1978 but subject to a seven-year deadline for state ratifications, could only muster the support of 16 states before the approval period expired. For an interesting summary and analysis of this proposed amendment, including arguments for and against ratification, see Background Paper 79-3, prepared by the Research Division of the Nevada Legislative Counsel Bureau.

For additional information on the Equal Rights Amendment, inluding an overview and history of the amendment, see EqualRightsAmendment.org.

Comments

Popular posts from this blog

Spying and International Law

With increasing numbers of foreign governments officially objecting to now-widely publicized U.S. espionage activities, the topic of the legality of these activities has been raised both by the target governments and by the many news organizations reporting on the issue.For those interested in better understanding this controversy by learning more about international laws concerning espionage, here are some legal resources that may be useful.

The following is a list of multinational treaties relevant to spies and espionage:
Brussels Declaration concerning the Laws and Customs of War (1874).Although never ratified by the nations that drafted it, this declaration is one of the earliest modern examples of an international attempt to codify the laws of war.Articles 19-22 address the identification and treatment of spies during wartime.These articles served mainly to distinguish active spies from soldiers and former spies, and provided no protections for spies captured in the act.The Hagu…

Law School Exams: A Guide to Better Grades

It’s that time of year again. Law students across the country are poring over their class notes and supplements, putting the finishing touches on their outlines, and fueling their all-night study sessions with a combination of high-carb snacks and Java Monsters. This can mean only one thing: exam time is approaching.

If you’re looking for a brief but effective guide to improving your exam performance, the O’Quinn Law Library has the book for you. Alex Schimel’s Law School Exams: A Guide to Better Grades, now in its second edition, provides a clear and concise strategy for mastering the issue-spotting exams that determine the majority of your grade in most law school classes. Schimel finished second in his class at the University Of Miami School Of Law, where he taught a wildly popular exam workshop in his 2L and 3L years, and later returned to become Associate Director of the Academic Achievement Program. The first edition of his book was written shortly after he finished law school, …