


My latest Telegraph column on Joe Biden’s last-minute vandalism of the Constitution:
That’s not how any of this works. The Constitution doesn’t give presidents any role in amending it, much less by tweeting. . . . Congress has long been understood to have the power to set a time limit for ratification. There were good reasons for the time limit. In the 1970s, proponents argued that the ERA was needed because it was unclear that the Constitution already banned sex discrimination; today, the Supreme Court routinely rules that it does. Then, proponents reassured sceptics that the ERA had nothing to do with topics such as abortion or gay rights, let alone transgenderism; today’s proponents say that these are exactly why we need the ERA. Many state legislatures are run by very different parties and coalitions than those that were in power in the 1970s.