Staff Reports
President Joe Biden seems to be under the impression that he has honorary powers to rewrite the U.S. Constitution on a whim. In a recent act that could only be described as ‘presidential overreach,’ he announced that the Equal Rights Amendment (ERA) should be considered ratified and added as the 28th Amendment to the Constitution. While the notion of equality is admirable, the reality is that presidents do not have the constitutional authority to simply declare an amendment to be added. Apparently, someone forgot to fill Joe in on that little detail.
Biden’s latest declaration came on a Friday, the day when many Americans were likely preparing for the weekend instead of pondering his constitutional improvisation. He referenced Virginia’s decision to become the 38th state to ratify the ERA back in 2020, yet this doesn’t magically confer legitimacy to the amendment, especially since it still doesn’t actually exist. The White House seemed all too eager to embrace this fiction, branding it as a major step forward for equal rights. In their eyes, if something’s repeated enough, it might just turn real—a classic case of political wishful thinking.
Last-Minute Executive Order: Biden's Sneaky Changes to Continuity of Government https://t.co/AYAwsxj88B
— Project Constitution (@ProjectConstitu) January 20, 2025
In his statement, Biden claimed the new amendment guarantees “equal rights and protections under the law regardless of their sex.” While well intended, this announcement saw an immediate backlash, primarily because Biden’s signature on a statement doesn’t equate to adding anything to a document that has guided the nation for over two centuries. His assertion that this amendment is “the law of the land” is like saying his favorite ice cream flavor is a matter of national security—interesting, maybe, but ultimately meaningless in the grand scheme.
The so-called constitutional scholars and the American Bar Association (ABA) might want to rethink their credentials after siding with the president on this one. The Archivist of the United States, Dr. Colleen Shogan, promptly corrected the course, reminding Biden that the Constitution cannot be altered by mere proclamation. Her role, and that of her team, is to maintain the integrity of the amendment process—something Biden would do well to remember rather than bypass with questionable legality.
Critics, including former Assistant U.S. Attorney Andrew McCarthy, were quick to dismantle Biden’s fanciful claims. According to him, this announcement feels more like a desperate move from a leader on his last legs rather than a serious constitutional assertion. When you’re a president on the decline, throwing around the term “28th Amendment” appears to be an attempt to grab headlines rather than anything grounded in reality. McCarthy’s observations stand as a reminder that, despite celebrities’ and politicians’ claims, the Constitution is not a toy to be played with at will.
