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| | == The Ratification Process == | | == The Ratification Process == |
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| | + | The Bill of Rights were ratified the same way that any other amendment to the Constitution is ratified: pursuant to the procedures set forth in Article V of the Constitution itself: |
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| | + | {{cquote|The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress}} |
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| − | <example of ERA>
| + | In simple terms, the primary method is that two-thirds majority of Congress must first pass the amendment, and then three-quarters of the State legislatures must approve it, in order for it to become part of the Constitution. There are other ways to amend the Constitution, such as two-thirds of the States calling for a constitutional convention (like the original constitutional convention), but that has never been done. Many oppose ever calling a Constitutional Convention (Con Con), because it would likely do what the original Constitutional Convention did: rewrite the entire Constitution. There are not any more George Washingtons to preside over it, or Alexander Hamiltons to guide it. |
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| | + | So the Bill of Rights was passed by at least a two-thirds vote of the House of Representatives, and then at least a two-thirds vote of the U.S. Senate, and by the end of 1791 (more than two years later) it was ratified by at least three-quarters of the States. |
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| | + | Some amendments passed by more than two-thirds of both chambers of Congress were unsuccessful in obtaining approval by three-quarters of the States (38 States is three quarters of 50 States today). |
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| | + | The most famous example of a proposed amendment that was never ratified was the so-called "Equal Rights Amendment" (ERA), which was supported by the leaders of both political parties, by all of the media, and passed Congress by almost unanimous votes. The ERA stated: |
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| | + | Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. |
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| | + | Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. |
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| | + | Section 3. This amendment shall take effect two years after the date of ratification. |
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| | + | After it swiftly passed legislatures in about 32 states, Phyllis Schlafly organized grassroots opposition to under the name "Stop ERA." The implications of ERA, particularly when applied by liberal courts, were to prohibit allowing sensible differences between men and women. If men were drafted into war, then women must be drafted into war. Abortion, even taxpayer-funded abortion, would become law in order to ensure that women could end pregnancies and be just like men. Marriage could no longer be limited to one man and one woman. And so on. |
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| | + | In one of the most stunning political upsets in American history. ratification of ERA was halted at 35 States, 3 short of the 38 States needed to become part of the Constitution. Congress even extended the deadline for ratification from 1979 to 1982, but no additional States passed it, and a few States even rescinded their prior passage of it. On June 30, 1982, the last day of the ratification period set by Congress, Stop ERA group held a victory party in D.C. - which your instructor attended. |
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| | == Federal Cases == | | == Federal Cases == |