The Equal Rights Amendment is the law

The Equal Rights Amendment is the law

Stop unconstitutional governance
Emanuel Pastreich, Independent Candidate for President, March 14th, 2024

When Virginia approved the Equal Rights Amendment in January 2020, the thirty-eight states demanded by the Constitution for legal ratification of an amendment was reached. Some foolishly assumed that when the Biden Administration took power, it would recognize the law in light of President Biden’s constant harping on the ERA, and also because his cabinet had made identity and diversity such key themes in their speeches. Such Americans were sadly mistaken. The unaccountable Biden administration is as unencumbered by the Constitution as the Trump administration was and the Equal Rights Amendment is treated by the executive and judiciary as if it did not exist.

Under President Biden, we face a dictatorship that masquerades as the restoration of the rule of law. The constitutional crisis resulting from Biden’s contempt for the Equal Rights Amendment represents the cold steel fist in a multicultural fluffy glove that is his administration.

Bella Abzug and others March for the ERA
Bella Abzug and others March for the ERA

Following the Constitution, and federal law, the Biden administration has no say about whether the Equal Rights Amendment becomes the foundation for all debate on equality of citizens before the law. The executive branch is empowered to implement laws and regulations, the legislative branch is empowered to draft and approve laws and regulations and it has already approved the Equal Rights Amendment. The courts are responsible for determining that the laws are upheld.

Even more importantly, the corporate media, the pay-to-play public intellectuals promoted by big business, and other shadowy players who hire expensive lobbyists and PR firms have no role to play in the determination of policy or law.

The Equal Rights Amendment is already the law. Its content is fully supported by the vast majority of Americans. The Biden administration pretends the ERA is not the law because it does not care about working women, and because it is tasked by corporations with carrying out the slow demolition of the United States of America as a constitutional republic, and creating a political Disneyland that is driven by domestic repression wherein personalities or images in the mass media, not laws, legitimate the illegal actions of the government.

None of the corporations funding the Biden administration want a law like the Equal Rights Amendment to come into force that was not paid for by their stockholders. In other words, democracy must be repressed by any means necessary. Corporate rule, however, can be branded as democracy at any time.

None of this would be possible without the radical privatization of the Federal Government, launched by Bill Clinton and implemented by Dick Cheney.

The Equal Rights Amendment’s status as national law came to a head at the confirmation hearing for Colleen Shogan as national archivist on September 21, 2022. Ms. Shogan stated disingenuously that she would demur to the judicial branch concerning her findings that the Equal Rights Amendment had been ratified.

The legal reality is that Title 1 of United States Code, Section 106b, mandates that the archivist must publish to the Federal Register her finding concerning a constitutional amendment whenever the conditions laid out under Section V. of the U.S. Constitution have been met. 

It is as simple as that. Neither the Biden Administration, the Congress, or the courts have a role to play.

But it is worse than this intentional misrule of government is what has been done by those supposedly defending women. Christian F. Nunes, national president of NOW (National Organization for Women) went as far as to endorse President Biden for reelection on August 25, 2023, without any conditions or demands, long before the convention, and in spite of his unconstitutional position regarding the Equal Rights Amendment.

We are looking at vested class interests that can barely hide their bloated forms behind the progressive clothing that they wear. Christian Nunes may be an African American woman, but she does not represent the concerns of ordinary working women. Rather she follows the demands of the establishment players who fund and promote NOW and other NGOs. It is not her job to stand up for the rights of all women, but rather to flatter her funders most of whom are indifferent to the needs of working citizens because their stock portfolios are essential for their comfortable retirements.

The real reason that the Equal Rights Amendment is not a priority, even after it has become the law, is that its protection for women could potentially apply to all women, including working women, poor women, women sweeping floors at Amazon, or forced to act in pornographic films. That is to say that the ERA could be used by citizens to fight exploitative practices of corporations—often explicitly aimed at women.

Nothing could be more threatening to the multinational corporations like Facebook, Google, and Oracle who pour their money into the Democratic Party while they work women to death in their factories at home and abroad.

It is great that we have millionaire women of different ethnicities in the Biden administration. I doubt that any corporate lawyers are staying up late at night worrying about that kind of identity politics.

But what if the Equal Rights Amendment is interpreted by a court as meaning that Walmart must provide daycare to all women employees? Do you think the multibillionaire Walton family will stand for that? Or will they send their lobbyists to the Biden cabinet and tell it who wears the pants? It seems likely that they have already done so.

And then there is the massive pornography and prostitution industries which now dwarf most other sectors and are rabidly defended at every turn by the IT multinationals who secretly have their snouts in that filthy trough. Those partners will never let the Biden people stand up for the Equal Rights Amendment because it might protect the women they exploit from their predations and thus cut deep into profits.

And then there are those who use the cover of “transgender” to undermine equal rights for women. They are afraid that this law might actually be used to defend women from psychological operations that subject women to sexual violence by men who pretend to be women—all part of a dumbing down and subjugation strategy aimed at citizens that is carried out by private intelligence firms using Homeland Security budgets. That covert war on women cannot tolerate an Equal Rights Amendment that could be interpreted as applying to all women.

No, under the Biden administration the rights of women to be protected from exploitation and discrimination applies only to those living in safe upper-middle class neighborhoods. None of the wealthy women of the Biden administration are willing to stand in solidarity with working women who must struggle to defend themselves from sexual assault at the factory or from discrimination by their supervisors; they do not stand with working women who are trying to protect their children. Most of those wealthy women with corporate backgrounds have never had to deal with these threats.

The Green Alliance for Sex-Based Rights has repeatedly pointed out that both the actions and the inactions of the Biden Administration have created a constitutional crisis, and are evidence of President Biden’s failure in his constitutional duty to see that the laws of the nation are faithfully executed. I uphold that position and I demand that the Equal Rights Amendment be accepted as the law.

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