TITLE

BEYOND THE SUPERMAJORITY: POST-ADOPTION RATIFICATION OF THE EQUALITY AMENDMENTS

AUTHOR(S)
Chin, Gabriel J.; Abraham, Anjali
PUB. DATE
March 2008
SOURCE
Arizona Law Review;Spring2008, Vol. 50 Issue 1, p25
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
AlthougA an amendment to the Constitution is effective when ratified by threefourths of the states, the states in the Union at the time of adoption unanimously ratijied the Thirteenth, Fourteenth, Fifteenth, and Nineteenth Amendments, as well as the Bill of Rights. Ratzfication of an already effective provision at blush appears pointless, but it serves an important function: Post-adoption ratifications moot legal andpolitical injirmities with earlier ratifications when, as was the case with the Fourteenth, Fifteenth, and Nineteenth Amendments, one or more of the first three-fourths of the states to ratzjj did so in a procedurally questionable manner. Post-adoption ratification has also served as an important symbol; for example, several states ratified the Fourteenth and FSfteenth Amendments during the Civil Rights Era to show support for racial integration.
ACCESSION #
32037253

 

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