Member of Congress
Jerrold Nadler
- Role
- Current Representative
- State
- NY
- Party
- Democrat
Speeches
REMOVING THE DEADLINE FOR THE RATIFICATION OF THE EQUAL RIGHTS AMENDMENT2021-03-17
Mr. NADLER
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentleman from Tennessee (Mr. Cohen).
Mr. NADLER. Madam Speaker, the gentlewoman errs, the deadline for ratification is not part of the amendment, it is part of the resolution proposing the amendment. And if Congress can propose a deadline, it can revoke that proposal since it is not part of the amendment at all. Madam Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Speier).
Mr. NADLER. Madam Speaker, pursuant to House Resolution 233, I call up the joint resolution (H.J. Res. 17) removing the deadline for the ratification of the equal rights amendment, and ask for its immediate consideration.
Mr. NADLER. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.J. Res. 17.
Mr. NADLER. Madam Speaker, I yield myself 3 minutes. Madam Speaker, H.J. Res. 17 is long-overdue legislation to ensure that the equal rights amendment can finally become the 28th Amendment to the United States Constitution. The House passed identical legislation last Congress on a bipartisan basis, and I hope it will do so again today. Madam Speaker, in 1923, Alice Paul first introduced an amendment to the Constitution to guarantee full equal protection for women. The text of the amendment is simple and clear: ``Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.'' That amendment passed with overwhelming bipartisan majorities in the House and Senate in 1972. Unfortunately, it fell just short of being ratified by the requisite number of States before the arbitrary deadline imposed by Congress ran out in 1982. In the 40 years since, we have made great strides in this country to ensure equality. Women have secured the right to vote, protection against workplace discrimination, and through case law decided under the 14th Amendment, many other critical protections denied them for too long on the basis of sex. Without the ERA, millions of women have still had to march in support of their rights, their healthcare, their reproductive freedom and abortion access, and their dignity as equal citizens. Through the Me Too movement, we have had long-overdue, and sometimes painful, conversations about the violence and harassment that women and others experience--whether in the workplace, at homes, or in schools and universities. But still, to this day, the Constitution does not explicitly recognize and guarantee that no one can be denied equal protection of the laws on the basis of sex. The ERA would enshrine those principles and take the final, critical step of ensuring that laws disadvantaging women and gender minorities are subject to the most rigorous form of scrutiny. Last year, Virginia became the 38th and last necessary State to ratify the ERA, and, today, in passing H.J. Res. 17, we will be one step closer to enshrining it into law. This resolution removes a previous deadline Congress set in the amendment's proposing clause for ratifying the ERA, and will, therefore, ensure that recent ratifications by Nevada, Illinois, and Virginia are given full effect. We are on the brink of making history, and no deadline should stand in the way. The Constitution itself places no deadlines on the process for ratifying amendments. Congress, just as clearly, has the authority to extend or remove any deadlines that it previously chose to set in the first place. The recent ruling by the United States District Court for the District of Columbia refusing to recognize the recent State ratifications makes it even more imperative that Congress act now in removing this deadline. We must make it absolutely clear that Congress does not want language put in the proposing clause of a resolution 40 years ago to stand in the way of full equality now. Madam Speaker, I thank Representative Speier for introducing this resolution, which takes that important step. This resolution will ensure, at long last, that the equal rights amendment can take its rightful place as part of our Nation's Constitution. Madam Speaker, I urge all Members to support it, and I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I am glad the gentleman recognizes that equality includes the right of each woman and man to make their own decision about their reproductive choices. There can be no equality of the sexes when one class of people is denied the ability to control their own bodies. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from Georgia (Mrs. McBath).
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from California (Ms. Chu).
Mr. NADLER. Madam Speaker, every amendment since the 22nd, except for the 27th, has had a deadline for ratification inserted in the resolution. But if you look at the Constitution, Madam Speaker, you won't find the deadline. That is because the deadline is part of the congressional resolution proposing the amendment, not part of the amendment itself. What Congress can propose, Congress can alter, which is all we are proposing to do today. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from California (Ms. Pelosi).
Mr. NADLER. Madam Speaker, I yield to the gentlewoman from Georgia (Mrs. McBath) to control the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the gentlewoman from Texas (Ms. Garcia).
Mr. NADLER. Madam Speaker, I yield 1 minute to the gentlewoman from Michigan (Mrs. Lawrence).
Mr. NADLER. Madam Speaker, I yield 1 minute to the gentlewoman from Florida (Ms. Wasserman Schultz).
Mr. NADLER. Madam Speaker, I yield 1 minute to the gentlewoman from Connecticut (Ms. DeLauro).
Mr. NADLER. Madam Speaker, we are prepared to close.
Mr. NADLER. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, Alice Paul's equal rights amendment was introduced in both Houses of Congress way back in 1923. But 96 years later, the United States Constitution still does not explicitly declare that women have equal rights under the law. We are the only western democracy without such a clause in its Constitution. Today, we have an opportunity to rectify that glaring omission. The arbitrary deadline for ratification that Congress imposed, and later extended, can be just as easily removed, and that is all this legislation does. It can be just as easily removed, because it is not part of the amendment, as some of our Republican friends said. Every amendment since the 22nd Amendment, except for the 27th, has had such a clause. And if you look at the text of the Constitution, it is not there. That is because the deadline is part of the resolution proposing the constitutional amendment, not part of the constitutional amendment. If Congress can establish a deadline by resolution, it can certainly, by resolution, extend or change the deadline. That is all this resolution does. Adopting the ERA would bring our country closer to truly fulfilling values of inclusion and equal opportunity for all people. Adopting this legislation would help make this a reality. I urge all Members to support this resolution. Madam Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee). (Ms. JACKSON LEE asked and was given permission to revise and extend her remarks.)
Mr. NADLER. Madam Speaker, I yield back the balance of my time.
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 20212021-03-17
Mr. NADLER
Mr. NADLER. Madam Speaker, pursuant to House Resolution 233, I call up the bill (H.R. 1620) to reauthorize the Violence Against Women Act of 1994, and for other purposes, and ask for its immediate consideration.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from Texas (Ms. Escobar).
Mr. NADLER. Madam Speaker, I yield myself an additional 15 seconds. Their efforts, and those of many other Members, have produced this important bill that will not only continue the progress enabled by VAWA as originally enacted but will also make the act an even more effective tool in addressing the horrible scourge of domestic violence. I urge my colleagues to support this legislation, and I reserve the balance of my time. House of Representatives, Committee on Education and Labor, Washington, DC, March 10, 2021. Hon. Jerrold Nadler, Chairman, Committee on the Judiciary, Washington, DC. Dear Chairman Nadler: I write concerning H.R. 1620, the Violence Against Women Reauthorization Act of 2021. This bill was primarily referred to the Committee on the Judiciary, and additionally to the Committee on Education and Labor and other committees. As a result of Leadership and the Committee on the Judiciary having consulted with me concerning this bill generally, I agree to forgo formal consideration of the bill so the bill may proceed expeditiously to the House floor. The Committee on Education and Labor takes this action with our mutual understanding that by forgoing formal consideration of H.R. 1620, we do not waive any jurisdiction over the subject matter contained in this or similar legislation, and we will be appropriately consulted and involved as the bill or similar legislation moves forward so we may address any remaining issues within our Rule X jurisdiction. I also request that you support my request to name members of the Committee on Education and Labor to any conference committee to consider such provisions. Finally, I would appreciate a response confirming this understanding and ask that a copy of our exchange of letters on this matter be included in the Congressional Record during floor consideration of H.R. 1620. Very truly yours, Robert C. ``Bobby'' Scott, Chairman.
Mr. NADLER. Madam Speaker, I yield 3 minutes to the distinguished gentlewoman from Texas (Ms. Jackson Lee).
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from Michigan (Mrs. Lawrence).
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from Pennsylvania (Ms. Scanlon).
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from Georgia (Mrs. McBath).
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from Massachusetts (Ms. Clark).
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentleman from Rhode Island (Mr. Cicilline).