Soon after women 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.
B. Referring to the scenario in your response, explain how the principle from part A is addressed in Federalist No. 51.
C. Referring to the scenario in your response, explain how the Supreme Court’s power of judicial review could affect the application of this amendment if it were ratified.
