REPORT: Biden blasted over declaration on ‘Equal Rights Amendment’

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From the Associated Press: President Joe Biden announced Friday that the Equal Rights Amendment should be considered a ratified addition to the U.S. Constitution, making a symbolic statement that’s unlikely to alter a decades-long push for gender equality.

“It is long past time to recognize the will of the American people,” Biden said. “In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.”

The Democrat’s statement, coming days before he is replaced by Republican Donald Trump, will probably not have any impact. Presidents do not have any role in the amendment process. The leader of the National Archives had previously said that the amendment cannot be certified because it wasn’t ratified before a deadline set by Congress.

There is no 28th Amendment to the U.S. Constitution.

The New York Times explained: “The Equal Rights Amendment was first proposed more than a century ago and has taken a circuitous route to ratification. It easily passed both houses of Congress with the required two-thirds votes in 1972 and over the next few years was ratified by most states. But it fell short of the three-quarters of states required under the Constitution until January 2020 when Virginia became the 38th state to ratify it.”

The Times also wrote:  “Under the Constitution, however, the president has no direct role in approving amendments and his statement has no legal force by itself. The archivist of the United States, a Biden appointee, has refused to formally publish the amendment on the grounds that it has not met the requirements to become part of the Constitution.”

In a social media post, just three days before leaving the Oval Office, Biden wrote, “I have supported the Equal Rights Amendment for more than 50 years and have long been clear that no one should be discriminated against based on their sex. We must affirm and protect women’s full equality once and for all.”

Biden’s post has been slapped with a Community Note on X, which reads, “The National Archivist who is responsible for enrolling new amendments has stated that that the ERA has not been lawfully ratified, citing a legal opinion drafted by the Biden Justice Department’s Office of Legal Counsel in 2022 confirming this position.”

Biden is being lambasted over the post, with many pointing out there is NO 28th Amendment to the Constitution.

“This is extraordinarily dumb and unlawful – even for you,” declared Republican Rep. Chip Roy of Texas.

“This is illegal. It has no constitutional standing. It is null and void,” wrote Sen. Jim Banks of Indiana.

Rep. Andrew Clyde (R-Ga.) scolded, “There is no 28th Amendment. This is not how the Constitution works. Your declaration is meaningless, illogical, and embarrassing. But nice try, tyrant.”

John Davidson of The Federalist wrote, “Just because the outgoing president has dementia doesn’t mean he can go around making up constitutional amendments on his way out the door. The Biden presidency is a national embarrassment.”

“Those claiming to “protect democracy” get staggeringly bold — they openly leverage a disoriented, corrupt, shell of a man — to try to subvert the democratic process. Social media posts don’t amend our Constitution,” Steve Cortes wrote on X.

“Someone take this moron’s pen away from him,” another X user wrote.

Mollie Hemingway of The Federalist wrote, “Sir, this is not how the Constitution works. Dementia is not a magic ticket to become a dictator that asserts Constitutional amendments into existence.”

Paul Szypula wrote, “WTH is Biden smoking? He can’t just declare Amendments to the Constitution and have them be valid. He’s lost it.”

“No law gives men the right or authority to beat up women in sports,” declared Scott Presler.

Biden’s full statement was posted in a press release on the White House website:

I have supported the Equal Rights Amendment for more than 50 years, and I have long been clear that no one should be discriminated against based on their sex. We, as a nation, must affirm and protect women’s full equality once and for all.

On January 27, 2020, the Commonwealth of Virginia became the 38th state to ratify the Equal Rights Amendment. The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution.

It is long past time to recognize the will of the American people. In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.

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