The 27th Amendment and Women's Rights - A Connection

The Constitution of the United States of America is a wonderful document. The principles upon which it is founded are the cornerstone of our very souls. The document is emblematic of that uniqueness of the American Spirit which gave it birth. It has but one flaw. Almost immediately after the opening phrase “We the People”, we the people get left behind. The document is so hard for the average American to understand that it sometimes appears to be saying the opposite of what it means.

We all know that it is not without flaw; no document ever is; even my own. But you have to marvel at some of the stuff the founding fathers; and their successors; have come up with over the centuries. My favorite is, of course, the 27^th Amendment. This Amendment was passed within our lifetimes. I’m assuming that you were born before 1992. I was born in 1954. And, as with all previous Amendments passed since I was born, I paid close attention to it.

The 23^rd Amendment was the first in my lifetime. It dealt with giving the citizens in the District of Columbia the right to vote. This was a big deal. Imagine, before this law was passed, white folks were actually equal with African-Americans south of the Mason-Dixon Line. They couldn't vote either. I was 7 years old and I understood this Amendment.

The 24^th Amendment was passed in 1964 and abolished the poll tax, ensuring that all citizens had a right to vote. It is sometimes mistakenly referred to as the Voting Rights Act. I was 10 years old and understood it.

The 25^th Amendment was less interesting, as it dealt with succession of the office of the Presidency. But since we had lost a President when Kennedy was assassinated only 4 years earlier, I did pay attention. I was 13 and I understood it.

The 26^th Amendment was an easy one. It was passed in 1971 when I was almost 17 years old. With a Presidential Election coming in November of 1972, it meant that I could vote, along with anyone else who was 18 years old. I was 17 years old at the time, so I really understood this one.

Now, here’s my favorite; the 27^th Amendment. Before I even take umbrage with it, I will print it here for you. You can go and check it elsewhere if you wish. I assure you it is to the letter.

“No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”

Now, the Amendment was added as an addition to Article I, Section 6, Clause 1 of the Constitution, which states;

“The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.”

The original intent of the article was that the elected members of Congress not decide for themselves how much they were worth. The Amendment to it not only muddles this point but ends up in calling for an election of the representatives; which was never an issue in the first place. After all, Congress does make the laws.

But; moreover; in practice this was tied to a Court Case in 1989 which gave the Congressmen and Congresswomen a Cost of Living increase annually. The rest of the country has never had a cost of living increase. The court declared that a cost of living increase for the Senate and Congress was not a raise. This of course also applies to Federal Employees.

So, basically the Congress waited until the cost of living was already in place before ratifying the amendment giving themselves the power to grant themselves a raise. And they get a cost of living increase along with it. And every other year they get to vote against accepting this cost of living increase, giving themselves a great opportunity to pretend to be turning down a raise. At about $180,000 per year plus perks and expenses I guess they can afford to wait a year or so.

And let’s not forget that if they vote against it for 3 years in a row; or any number of years for that matter; they later on get the cumulative increase for the years in which they voted to not get a cost of living increase. It’s a shell game. It took them 202 years to ratify this 24 word amendment. Ask someone what it means. I’m 59 and still don’t understand it.

Now you have to ask yourself why this was allowed to stand after so long a time had passed. After all, the passage of time is exactly what they say keeps the Equal Rights Amendment for Women from being ratified. And that's only 41 years old. It only lacks 3 states. By contrast the 27^th Amendment was only ratified after Michigan certified it on May 7, 1992. This made 38 states, enough for the Amendment to be certified by the Chief Archivist of the United States Don W. Wilson. On May 19, 1992, he had it printed in the Federal Register, together with the certificate of ratification.

The only 2 legislators to speak out against the unusual length of time for ratification were Tom Foley and Robert Byrd. They called for a challenge to the Ratification. But,technically speaking, certifying an amendment falls under Title 1, section 106 b of the United States Code, which states:

“Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States.”

Notice the statute does not contain a time clause. Now you have to ask yourself why the Equal Rights Amendment for Women was not afforded the same privilege. The reason often given is that too long a time period has passed. That flies in the face of the 27th Amendment and how it had no trouble being ratified.

Basically this is about duplicity concerning the Ratification of the ERA. The real reason for the law has been lying dormant is in the wording.  It is written to grant Equal Rights to all genders. That would now include the LGBT community and Same Sex Marriage, which are both Civil Rights Issues to begin with. That legislation reads as follows;

Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3. This amendment shall take effect two years after the date of ratification.

Our Constitution is a wonderful piece of legislation. It is; as I said earlier; the backbone of our society, and I wouldn't change it for the world. But there are parts of it that need to be made clearer for the average citizen. 

Strange Days Indeed

These are strange days indeed. A passenger on a West Jet flight left the above note on a napkin for pilot, who has 17 years of flight experience. Obviously the writer knew that this was an insensitive; at best; thing to do. They even admit to the political incorrectness, which doesn't bother me at all. It’s the stupidity of the note, and the writer, which annoys me more.

We are all entitled to opinions. That goes without saying; but when you leave anonymous notes you are no longer expressing your opinion. You have crossed the line into intimidation. If someone wants to disagree with someone else, that is perfectly acceptable. You simply wait to engage them in conversation or correspondence where you both can address the issue at hand.

Of course when dealing with the pilot of an airliner there are certain rules which may keep you from engaging the pilot directly, but you can leave a note with your contact information with the steward/stewardess to give to the pilot.

That is, if you don’t have a problem with the gender of your steward/stewardess. Let’s face it, the guy who wrote this note is not going to be happy with a male steward. And I feel sorry for him. Everywhere he goes he is surrounded by women in jobs he doesn't feel comfortable with them holding.

It must be so sad to exist in a world where everywhere you turn you find yourself in disagreement with half of everyone you see. And, if you have a daughter it must be twice as painful. She may have ambition and want to do something which you feel should be open only to men. Will you stop her?

Here is the reply which the Captain sent via her Facebook account;

To @David in 12E on my flight #463 from Calgary to Victoria today. It was my pleasure flying you safely to your destination. Thank you for the note you discreetly left me on your seat. You made sure to ask the flight attendants before we left if I had enough hours to be the Captain so safety is important to you, too. I have heard many comments from people throughout my 17 year career as a pilot. Most of them positive. Your note is, without a doubt, the funniest. It was a joke, right? RIGHT?? I thought, not. You were more than welcome to deplane when you heard I was a “fair lady.” You have that right. Funny, we all, us humans, have the same rights in this great free country of ours. Now, back to my most important role, being a mother.

"Made In Dagenham" with Sally Hawkins, Bob Hoskins and Miranda Richardson

This is a long overdue film. While American women were busy burning their bras in Atlantic City, the women of Dagenham, England were working in theirs. The Ford plant in which they made a living, sewing leather strips together for seats, was so hot and lacking in ventilation, that it was de riguer for the women to strip to the waist while working. Whenever a male supervisor entered the work area, the cry went up - "Man in the room!" as everyone scrambled to cover up. It's hard to say who was the more embarrassed, the men or the women.

Coupled with the deplorable working conditions was the fact that women were paid half of what men did for the same work. Economically, the late 1960's were a turbulent time in England; as taxes rose, jobs fled. In order to keep the Ford plants open, the Unions were actually allowing management to pay these women less than their male counterparts. If forced to pay the women equally, Ford announced it would leave England for another country. The Union bosses, eager to preserve their own high paying positions, did everything to sell the women out, keeping the men's wages intact.

Rita O'Grady, played by Sally Hawkins, is one of the 187 women working in a plant of 55,000 men, and she decides that she has had enough. Organizing the other women into a work slowdown is not that hard to do. And so, she does. But when the Union Steward and the Management lackey's conspire to delay her efforts, she ups the ante. Nothing less than equal pay for women will stop the slowdown, which has now become a strike. But don't cheer yet, as the strike brings on many complications.

As the strike winds on, the stockpile of seats dwindles, until there are none left. With no seats to install in the cars, the men are faced with a massive layoff. Rita O'Grady goes quickly from being a media celebrity to pariah. But she holds fast to her position. Equal pay for equal work.

Meantime, in London, the Minister of Labor, who happens to be a woman, is trying to mediate the dispute. But when she realizes that both the Union and Management are conspiring to thwart Rita and her co-workers of their just dues, she calls herself to account. After being told to stay out of the dispute by the Prime Minister, she summons Rita to meet with her. Her intentions are to get the women to wait until all the men's issues are ironed out at the Ford plant. But Rita, acting with the consent of her fellow workers, won't budge.

The Minister of Labor offers a compromise, an immediate raise to 75% of the men's wages, and a promise to discuss the issue further, if the women will just return to work. Rita settles for 90% immediately, with an Equal Pay Act to be put before the House of Commons by that August. Within the next 18 months the Equal Pay Act would be passed. Within the next few years almost all of the European countries would adopt the same types of laws. Equal pay for equal work, regardless of sex.

This is a fantastic movie, with a great 1960's soundtrack that really makes you feel the energy of that era all over again. It also calls into question just how effective the women's movement was in the United States. After Roe vs. Wade was settled, giving women the Right to Choose, the Equal Rights Ammendment was passed by Congress, but never ratified by the Senate. And to this very day it languishes, ignored by all, as American women still work for about 75% of what their male counterparts earn.

I'm hoping that enough women will see this film to make this issue a central theme in the upcoming 2012 Presidential Campaign. There is no good reason that the ERA has not been Ratified by the Senate in the past 38 years. There is also no valid excuse as to why the women of America have let this issue lie dormant for so long.

The ERA, the 14th Amendment and Why You Should Care.

Did you think that the Equal Rights Amendment, or, ERA, was passed? Do you understand the connection between the threat to Roe V. Wade and the looming fight to overturn the 14th Amendment to the Constitution? Did you even know that such a movement was afoot? Join the amazing number of Americans who have no idea what is in store for them in the near future. First, as I love to say, a little background;

The Equal Rights Amendment, was first proposed in 1923 and was to have stated that women have equal rights under the law. It didn't make it. Fast forward about 48 years to 1971. With an election looming ahead, and Roe V. Wade on the Supreme Court calendar, something needed to be done to ensure the female vote, for the sake of both parties.

The ERA passed from Congress, to the Senate for Ratification, in 1972. It has since been ratified by only 35 of the 38 states necessary to comprise a two-thirds majority and become law. So, with the assent of only 3 more states, women could become full Citizens by Law. It would be the 28th Amendment to the Constitution.

Quick question; why hasn't this been done in the 38 years since the passage of the Bill by the House? Quick answer; I don't know.

Now, for the connection to the 14th Amendment; Have you read, or heard, that some Candidates for Congress, and even the Senate, are talking about repealing the 14th Amendment? That's the pesky little "Reconstruction Era" Amendment that says the following;

Section. 1. "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

This Amendment has other components, but it is the first section with which we are really concerned. The whole Amendment was passed amidst much confusion about which of the former Confederate States really had the right to cast a vote on the bill at all. Remember, at that time, and until the passage of the 17th Amendment by Congress in 1912, and later Ratified by the Senate in 1913, the Senators were appointed by the Governors of their respective states. At the time, several of the former Confederate States were still under Federal Jurisdiction, thus calling into question whether or not they had the Right to Representation in Washington. The same held true for the District of Columbia, which had no Right to Vote until the 23rd Amendment was Ratified in 1961. To this end, the bill was rejected several times, until finally on July 28th, 1868 the Secretary of State declared it Ratified by Proclamation. So,that Amendment,on which so many of our Civil Rights are founded, is based on shaky ground. Although long considered "settled law", it is apparently under attack in some quarters. This bodes ill for many of the so called "special Interest" groups. Women are amongst them.

Your Right to Abortion is at question, based on the actions of those who would repeal the 14th Amendment. So is the Miranda Ruling, which has already taken a hit at the hands of an increasingly Conservative Court. The Federal Voting Rights Act of 1964, the 24th Amendment, would be in jepordady, as has been demonstrated recently by the actions of several Candidates for Public Office. These proponents of the Move to Repeal the 14th Amendment, state a "return to states right's", as their motivation, but there is something more foul afoot here, at least in my estimation.

At any rate, if I were you, I would be calling my local representative concerning getting that ERA thing ratified as the 28th Amendment, before they knock down the 14th Amendment. I don't really think their efforts to Repeal will be successful, but still, you've been waiting 38 years for the ERA to be Ratified, and most women aren't even aware that it never was. That should trouble you, my 14th Amendment ramblings notwithstanding.

The real pity of this whole thing is that the Equal Rights Amendment was sold as a "Women's" issue, kind of like a "chick flick." But in reality it covers all. Here is the text of this very brief, yet important Amendment;

Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3. This amendment shall take effect two years after the date of ratification.

Wow! This would cover Gay Marriage, Transgender, even the flawed policy of "Don't Ask, Don't tell" would fall under this Amendment. No wonder they have swept it under the rug... So, if this issue concerns you in any way, and it should, then you need to get on the phone and make your voice heard.

Here is a list of the States that have NOT Ratified the ERA, there are 15 of them. Remember, you only need three and the Vote can be called by any state, at any time, as the Bill has already passed the House.

Alabama,
Arizona,
Arkansas,
Florida,
Georgia,
Illinois,
Louisiana,
Mississippi,
Missouri,
Nevada,
North Carolina,
Oklahoma,
South Carolina,
Utah,
Virginia.

And here is a great Resource site for this issue;
http://www.equalrightsamendment.org/faq.htm