Reading Room Document

Power of a State Legislature to Rescind Its Ratification of a Constitutional Amendment

The document discusses the power of a state legislature to rescind its ratification of a constitutional amendment, specifically in the context of the Equal Rights Amendment. It presents the historical example of the 1868 ratification of the Fourteenth Amendment, where two states attempted to withdraw their consent, but Congress ultimately decided that the states lacked that power. The conclusion reached is that the power of Congress to control the submission of constitutional amendments to the states and to determine whether they have been validly adopted is exclusive. The document also presents various questions for review, including whether a state may withdraw its ratification, the role of the Secretary of State in constitutional amendments, and the commitment of a state to its affirmative vote on an amendment.

February 15, 1977