A few days ago, we were treated to a Post science reporter trying to resuscitate Aristotles’ theory of gravity. Also a few days ago, a Post political reporter “informed” the renowned paper’s erudite and elite readership of the development above.
It’s hard to be more wrong than that news item. First, the Constitution is not “supposed” to include any Amendment that wasn’t ratified within the legal deadline. Thus the archivist isn’t “refusing” to add an unratified Amendment. It can’t be added. It’s not an Amendment!
But wait! There’s more, and it took a conservative law professor to point out the error:
February 2, 2022
The Washington Post
Re:Amber Phillips, ‘The never-ending fight over whether to include the Equal Rights Amendment in the Constitution,’ The Washington Post (Jan. 31, 2022, 2:22 PM EST), <https://tinyurl.com/m6n3wfts>.
Dear Letters Editor,
Ms Phillips wrote that: “Two-thirds of the states have ratified the ERA, which meets the constitutional requirements for adding to the Constitution.” This is not correct. Article V of the United States Constitution, which governs the constitutional amendment process, requires ratification by the legislatures of ¾ of the states. In certain circumstances ratification is possible by the conventions of ¾ of the states, but those circumstances are not applicable to the proposed Equal Rights Amendment.
In any event, as long as the United States has 50 states, ratification requires action by ¾ or 38 states, and not 2/3 or 34 states.
Seth Barrett Tillman
Hey, did the professor expect the “reporter” or the Post “editor” to go through all the trouble of actually reading the Constitution before publishing this? How unfair. And how fascinating that none of the politically savvy, legally-trained (D.C. has the highest percentage of lawyers in the nation) Post readers noticed this, or if they did, thought it was worth mentioning to the Washington Post. Maybe they thought they could sneak in that completely superfluous and redundant 28th Amendment by bullying the archivist.
The Washington Post made the correction.