VIDEO: Experts erupt after Biden and Harris declare nonexistent constitutional amendment ‘law of the land’

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Just three days before leaving the White House, Joe Biden and Kamala Harris are both doubling down as they declare a non-existent “28th Amendment” is the “Law of the land.”

Legal experts are firing back, declaring they are dead wrong.

The big hullabaloo is all over a proposed amendment to the Constitution called the ‘Equal Rights Amendment’ which passed both Houses of Congress back in 1972. The ERA would prohibit discrimination based on gender. It was ratified by most states, but fell short of the three-quarters of states required under the Constitution to become law before the 1979 deadline.  The deadline was later extended to 1982, but they were still 3 states short, and the whole thing died.

In 2020, the Virginia became the 38th state to pass the amendment, which would have brought it to the required number of states – but the deadline had already expired in 1982, according to legal experts.

Former Assistant U.S. attorney and Fox News contributor Andrew McCarthy said, “The only way to get it into the Constitution would be to start all over again. Everybody knows this, including Biden. That is why the national archivist has not published it, nor has Biden had the temerity to try to order that that be done.”

Law professor Jonathan Turley said, “President Biden seems intent on moving his administration from the odious to the absurd. This was an embarrassingly pandering moment to the most extreme elements in his party. It is a position based on a long-rejected and frankly ridiculous foundation.”

While speaking at the 2025 winter meeting of the U.S. Conference of Mayors in Washington, DC Friday afternoon, Biden went on a rampage, and declared, “Today, I affirm the Equal Rights Amendment has cleared all the necessary hurdles to be added to the U.S. Constitution, now! The Equal Rights Amendment is the law of the land, now! It’s the 28th Amendment to the Constitution, now!”

Earlier on Friday, Biden had posted a declaration on social media, along with apress release on the White House website, declaring, “The Equal Rights Amendment is now the Law of the Land.”

Kamala Harris doubled down, also posting a statement and declaring, “The Equal Rights Amendment is the 28th Amendment, and it is the law of the land.”

The Associated Press cast doubt on Biden’s authority, writing, “It’s unlikely that Biden’s support will have any impact. On Friday, the National Archives reiterated its position by saying “the underlying legal and procedural issues have not changed.””

And the New York Times 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.”

Even the liberal Washington Post has called Biden’s bluff on the wild claim.

In a report titled, “Biden declares there is now a 28th Amendment. There is not,” the Washington Post leaves no doubt that Biden is blowing smoke. Author Aaron Blake writes:

Sometimes crazy things happen at the end of a presidency. People who maybe shouldn’t be pardoned get pardoned. Presidents flood the zone with executive actions related to things they couldn’t get done legislatively or on dicey subjects they wanted to avoid before an election. And sometimes presidents get senioritis and throw caution to the wind.

But rarely do we see something like this: An outgoing president suddenly declaring there is another amendment to the Constitution.

That’s what President Joe Biden seemingly attempted to do Friday, in his third-to-final full day in office. Biden announced that the 28th Amendment — an amendment guaranteeing men and women equal rights under the law — is the “law of the land.”

But a 28th Amendment has not suddenly been appended to the Constitution per Biden’s decree — there are still only 27 — nor does there appear to be much hope that it will soon.

It is at best a Hail Mary and at worst a strange political ploy that runs afoul of the rule of law Biden has spent four years pitching as one of his foremost concerns.

Law professor Jonathan Turley released an op-ed, and wrote on social media, “President Biden’s recognition of the ERA as the 28th Amendment is the constitutional version of announcing that “I see dead people,” but more unnerving. It takes an utter disregard for the constitutional process as well as reality…

“……The claim that the ERA was ratified is absurd. This is pandering to the most delusional segment of his party.”

RNC Research slapped Biden down, writing, “Biden thinks he can unilaterally declare a 28th Amendment to the Constitution — which, of course, he can’t do because it wasn’t ratified in time.”

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