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Arizona Law Review
Beyond the
Supermajority

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Beyond
the Supermajority
A
Word of Caution
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U.S.
Constitution
14th Amendment
The
Amendment
That Never Existed
Arizona Law Review
B EYOND
THE SUPERMAJORITY:
POST ADOPTION
R ATIFICATION
OF THE
EQUALITY AMENDMENTS
"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." |
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