When it comes to the ERA, constitutional law scholars say Congress has the authority to amend the Constitution and that the ERA is not subject to the filibuster. Your move, Congress.
At the Feb. 28 hearing, constitutional law scholars from the ERA Project at Columbia Law School will testify that Congress has full authority over Article V procedures and disputes to amend the Constitution, and that action related to constitutional amendments is valid if undertaken by both houses in onenot subject to the filibuster.
The filibuster is … the most anti-democratic tool in Congress, one that weaponizes minority rule. Its use is all the more problematic when deployed to defeat a constitutional amendment that has already satisfied all of the requirements.sets out the procedures for amending the Constitution, which requires a two-thirds vote of the House and Senate and ratification of three-quarters of the states. Article V does not give the courts or the executive branch any role in amending the Constitution.
Article V also does not require joint resolutions on constitutional amendments to pass in the same legislative session. According to the ERA Project, Article V leaves to Congress the power to determine “whether congressional action must take place in both houses in the same congressional session, consecutive sessions, or at any time.
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