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http://ssrn.com/abstract=1076805
 
 

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Beyond the Super-Majority: Post-Adoption Ratification of the Equality Amendments


Gabriel J. Chin


University of California, Davis - School of Law

Anjali Abraham


University of Arizona - James E. Rogers College of Law


Arizona Law Review, Vol. 50, 2008
Arizona Legal Studies Discussion Paper No. 07-32

Abstract:     
Although an amendment to the Constitution is effective when ratified by three-fourths of the States, the States in the Union at the time of adoption unanimously ratified the Thirteenth, Fourteenth, Fifteenth and Nineteenth Amendments, as well as the Bill of Rights. Ratification of an already-effective provision at first blush appears pointless, but it serves an important function: Post-adoption ratifications moot legal and political infirmities with earlier ratifications when, as was the case with the Fourteenth, Fifteenth and Nineteenth Amendments, one or more of the first three-fourths of the states to ratify did so in a procedurally questionable manner. Post-adoption ratification has also served as an important symbol; for example, several states ratified the Fourteenth and Fifteenth Amendments during the Civil Rights era to show support for racial integration.

Number of Pages in PDF File: 23

Keywords: Constitutional law, Amendments,Thirteenth amendment, fourteenth amendment, Fifteenth amendment, nineteenth amendment

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Date posted: December 21, 2007  

Suggested Citation

Chin, Gabriel J. and Abraham, Anjali, Beyond the Super-Majority: Post-Adoption Ratification of the Equality Amendments. Arizona Law Review, Vol. 50, 2008; Arizona Legal Studies Discussion Paper No. 07-32. Available at SSRN: http://ssrn.com/abstract=1076805

Contact Information

Gabriel Jackson Chin (Contact Author)
University of California, Davis - School of Law ( email )
Martin Luther King, Jr. Hall
Davis, CA 95616-5201
United States
520-401-6586 (Phone)
530-754-5311 (Fax)

Anjali Abraham
University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
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