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Response to cstanleytech (Reply #13)

Thu Feb 13, 2020, 01:53 PM

18. True

the Constitution is silent on deadlines in amendments, but it is silent on what an amendment can contain. The only exception to that principle involves changing representation in the Senate, if anything other than Article One, Section Three, Clause One "The Senate of the United States shall be composed of two Senators from each State..." Article Five states "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."

That would essentially require 100% consent of all of the states to give California three Senators. Wyoming's not going to go along with that, because it's equal suffrage in the Senate would be affected.

There's a legal principle that provides that laws are not able to be separated into parts, if one part of the law is found unconstitutional, the whole thing is thrown out, unless something known as "severability" is enacted into the law. You'd be asking the SCOTUS to throw that out the window if they were asked to rule in favor of the ERA with late ratifications, and RBG publicly said she's not going there.

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