Can a Sunset Clause Derail an Amendment to the U.S. Constitution?

The article discusses the ongoing legal and political debate surrounding the Equal Rights Amendment (ERA) and its status as the 28th amendment to the United States Constitution. Initially proposed in 1972, the ERA aims to prohibit sex discrimination and requires ratification by 38 states. Although Virginia became the 38th state to ratify the amendment in 2020, its validity is contested due to a sunset clause that set a seven-year deadline for ratification, which was later extended but ultimately expired without additional states ratifying. The article examines Supreme Court cases that address Congress's authority to set deadlines for ratification and the roles of Congress and the judiciary in determining the validity of amendments, highlighting differing academic perspectives on the issue. The question of whether the ERA has been properly ratified remains unresolved, with Congress holding the ultimate authority in this matter. [Extracted from the article]