This dispute is being fought out on untrodden constitutional ground, and further developments will determine when the ERA will take its place as the 28th Amendment to the Constitution. This strategy was developed after the ratification of the 27th Madison Amendment, which had no time limit attached and was added to the Constitution more than years after its passage by Congress.
Section 3: This amendment shall take effect two years after the date of ratification. As a point of historical comparison: by the time the 19th Amendment guaranteeing women's right to vote was added to the Constitution inone-quarter of the states had enacted state-level guarantees of that right.
Click on a question to see the answer. Inthe Court found in Mississippi University for Women v. They are fighting and dying in combat, and the armed services could not operate effectively without their participation.
Court decisions in states with ERAs show that the benefits opponents claim women would lose remain constitutional if they are provided in a sex-neutral manner based on function rather than on stereotyped sex roles. Wharton, Esq. Draftees would continue to be examined for "mental, physical, and moral fitness" and other grounds for exemption e.
The ERA is sometimes called the Women's Equality Amendment to emphasize that women have historically been guaranteed fewer rights than men, and that equality can be achieved by raising women's legal rights to the same level of constitutional protection as men's.
By a simple majority, Congress can amend or repeal anti-discrimination laws by a simple majority, the Administration can negligently enforce such laws, and the Supreme Court can use the intermediate standard of review to permit certain regressive forms of sex discrimination. Congress already has the power to draft women as well as men, and the Senate debated the possibility of drafting nurses in preparation for a possible invasion of Japan in World War II.