“Democracy Dies In Darkness” And Civic Literacy Dies By Trusting The Washington Post

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

Letters Editor

The Washington Post

letters@washpost.com

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.

Sincerely

/s/

Seth Barrett Tillman 

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