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Political Science
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Feb 20, 2024
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Uploaded by bellabrown907
Soon after woman gained protection for the right to vote, some women's groups redirected their efforts toward ensuring equality in all areas of American life. They called for an “Equal Rights Amendment (ERA)” that would guarantee equality under the law between men and women a right under the Constitution. It read "Equality of rights under the law shall not be denied or abridged by the
United States or by any State on account of sex." The ERA was proposed by Congress in 1972 but failed to achieve ratification by the 1979 deadline. Congress passed and then-President Carter signed into law an extension of the deadline to 1982; the legitimacy of this extension is disputed. Some states revoked their ratifications. Since 2017, several states have ratified the ERA, but again these approvals are in question.
Supporters of the ERA point to continued issues of sex discrimination that the amendment could provide grounds for addressing and challenging in the courts if necessary. Opponents point to traditional gender roles in American life and how the ERA could threaten certain protections for women and families with children. They also note the various laws and court cases that have addressed issues of sex discrimination already, while supporters of the ERA say that the piecemeal approach to gender equality through lawmaking and individual court cases takes too long and is incomplete.
After closely reading the scenario, respond to the following in complete sentences:
A.
Referring to the scenario in your response, describe how the principle of separation of powers or checks and balances relates to this effort to amend the Constitution.
The principle of separation of powers relates to this effort of amending the constitution was proven by the legislative branch of the president and congress. Congress drafting the laws by first proposing a bill, proposing a bill is a duty that only congress can enact, and the president can use his presidential power of checks and balances by possibly vetoing the law proposed. In the scenario above congress drafted the ERA in the year 1972, however as shown above the law was not ratified as a law until the year 1979, almost 7 years later. years
later, congress drafted a law that elongated the deadline until 1982, that president carter enacted into place. President carter had his power of checks and balances to vet the law, if he chose to. B.
Referring to the scenario in your response, explain how the principle from part A is addressed in Federalist No. 51.
The principle demonstrated in part A is addressed in federalist 51, by this mentioning and crafting a era of government that would keep Americans freedom protected, but also avoid a type of ultimate or tyrannic government. By sorting various powers to the separate branches, ideally separation of powers between the 3 branches of government, creating a
power that was a set of checks and balances. Referenced in this ideal was Montesquieu, who believed in no branch gaining more power than another, reinforcing the protection of Americans freedom in the U.S.
C.
Referring to the scenario in your response, explain how the Supreme Court's power of judicial review could affect how this amendment would be applied going forward if it were ratified.
The supreme courts power of judicial review could affect how this amendment would be applied going forward if it were ratified, because the judicial branch utilizes their power to use
checks and balances by supporting the proposed subject of the president and congress. This
allows the supreme court to double check the actions of those powers and relate them to the
Constitution that relate to the acts in place. In this specific scenario, the ratification of the prolonged date of the ERA can be checked with the laws and acts that relate back to the constitution. If the supreme court results in that the act is not following the constitution, they will void the act.
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