Carlyn Beccia
1 min readJan 19, 2025

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I don't care what he said. He can't just wave a magic wand and undo how our government works. The ERA is not part of the Constitution without the archivist’s certification. Federal law (1 U.S. Code § 106b) requires the archivist to officially certify and publish an amendment after it’s ratified by the necessary three-fourths of state legislatures.

This isn’t just paperwork; it’s a critical step that ensures the amendment is legally recognized and avoids disputes over its status. Without certification, the amendment’s legitimacy would be open to endless legal challenges, as there would be no official record confirming that all requirements were properly met.

Btw, historical precedent supports this—every amendment since the 20th has been certified and published by the archivist or their predecessor. The archivist’s role also matters because the ERA’s ratification is complicated by unresolved questions, like whether states can rescind their approvals or if Congress’s original deadline still stands. Certification by the archivist provides clarity and establishes the amendment’s enforceability. So, while it might seem redundant, the archivist’s role is crucial to making amendments legally binding.

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Carlyn Beccia
Carlyn Beccia

Written by Carlyn Beccia

Award-winning author of 13 books. My latest: 10 AT 10: The Surprising Childhoods of 10 Remarkable People, MONSTROUS: The Lore, Gore, & Science. CarlynBeccia.com

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