On the Subject of Equality

The following letter sent to the Archivist of the United States from the United States Senate, and signed by Senators Portman, Romney, and Johnson, moved me to add my own voice to the discussion.

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https://www.hsgac.senate.gov/imo/media/doc/2022-02-08%20Letter%20to%20Archivist%20re%20ERA.pdf?eType=EmailBlastContent&eId=de6ac831-0170-4b20-be6c-4cd4075a2e1b

It remains my opinion that EQUALITY has no time limit, and the Will of The People should always reign supreme.

Below is a copy of the email I sent to the archivist this evening, outlining why I believe the Equal Rights Amendment should be added to the Constitution.

To: The Honorable David Ferriero
Archivist of the United States
National Archives and Records Administration 8601 Adelphi Road
College Park, MD 20740

Dear sir,

I am writing in regard to the letter sent from the United States Senate Committee on Homeland Security, dated February 8, 2022, and singed by Senators Rob Portman, Mitt Romney, and Ron Johnson, addressing their concerns about the 28th Amendment and the “… calls for you to disregard your duty and certify the ERA.”

There are few things in this world that are more important than doing one’s duty.

Upholding the Will of The People and defending the Rule of Law, even in the face of overwhelming pressure, is quite honorable indeed. Even when holding that position stands opposed to the opinions of many others, integrity must always be maintained. In a land based on precedent, our actions today will impact generations to come. There can be no doubt, some future case will be presented in an attempt to challenge the validity of a future amendment, and this situation will be referenced. Whether that amendment has already been ratified or not… so long as there is a Constitution left to amend.

It doesn’t take a Constitutional Scholar to see— there’s not a whole lot of legal precedent on the subject of Constitutional Amendments. Each and every case is important in its own right, and the Equal Rights Amendment is no exception.

Everyone seems to have an opinion on the subject, either reasons why the amendment is dead or why it should now be added to the Constitution, but there seems to be one fact that overrides them all— The People have spoken. The requirements have been met. That’s indisputable. Well… if there is a dispute, precedent shows us how disputed amendments can be resolved. There is no precedent allowing for a judicial override of the amendment process, and I say for good reason. Look no further than the example set by the State Supreme Courts.

Setting that precedent for amendments to the United States Constitution would introduce partisanship into the ratification process and it would allow for judicial review of any amendment before passage, especially if a partisan actor were ever appointed to your office. It would forever change the amendment process.

As I said, I’m no legal expert. Just a guy with an opinion. But, I am a Citizen who still hopes that one day, this Nation will pursue the amendment process with great vigor in order to bring about some much needed changes. As it currently stands, that process is already fraught with many obstacles. Whatever your decision will be, I pray you consider what precedents your actions will create… and always err on the side of The People. May their Will guide us all.

Thank you for your dedication and adherence to the Constitution, and good luck to you in whatever path you choose in your retirement.

Sincerely,

JC

Author: jackcharbonneau

Husband, father, housewife, musician, theoretical astrophysicist, (FMR) Presidential Candidate in 2020, and all-around human guy.

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