LCC# 78-603084 KF21 J24'1 1977 COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas ROBERT W. KASTENMEIER, Wisconsin DON EDWARDS, California JOSHUA EILBERG, Pennsylvania ALLEN E. ERTEL, Pennsylvania ROBERT MCCLORY, Illinois ALAN A. PARKER, General Counsel SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS JOHN F. SEIBERLING, Ohio ROBERT F. DRINAN, Massachusetts HAROLD L. VOLKMER, Missouri ANTHONY C. BEILENSON, California M. CALDWELL BUTLER, Virginia ROBERT MCCLORY, Illinois THOMAS P. BREEN, Counsel ROSCOE B. STAREK III, Associate Counsel (II) 1 Griswold, Erwin N., Former Solicitor General of the United States.. Harmon, John M., Assistant Attorney General, Office of Legal Counsel, Jordan, Hon. Barbara, a Representative in Congress from the State of Texas 236 215 Rawalt, Marguerite, former president of the National Association of Schlafly, Phyllis, national chairman of "Stop ERA," Chicago, Ill. Smeal, Eleanor, president, National Organization for Women -- Prepared statement----- 115 Prepared statement--- 212 ADDITIONA MATERIAL Paul, Hon. Bonnie L., member, Virginia House of Delegates, letter dated Page May 15, 1978, to Hon. M. Caldwell Butler__. 256 Scott, Hon. Eva, member, Virginia House of Delegates, letter dated May 18, 1978, to Hon. Don Edwards.. 257 Smeal, Eleanor Cutri, president, National Organization for Women, Inc., letter dated May 18, 1978, to Hon. Don Edwards___ 260 EQUAL RIGHTS AMENDMENT EXTENSION TUESDAY, NOVEMBER 1, 1977 U.S. HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The hearing was convened at 2:05 p.m., in room 2237, Rayburn House Office Building, Hon. Don Edwards (chairman of the subcommittee) presiding. Present: Representatives Edwards, Drinan, Volkmer, Beilenson, Butler, and McClory. Also present: Thomas P. Breen, counsel; Catherine LeRoy, assistant counsel; Janice Cooper, assistant counsel; and Roscoe B. Starek III, associate counsel. Mr. EDWARDS. The subcommittee will come to order. I recognize the gentleman from Illinois. Mr. McCLORY. Mr. Chairman, I move that the Subcommittee on Civil and Constitutional Rights of the House Committee on the Judiciary permit coverage of the hearing, in whole or in part, by television broadcast, radio broadcast, and still photography, or by any of such methods of coverage pursuant to Commission rule V. I move the adoption of this. Mr. EDWARDS. Is there objection? [No response.] Mr. EDWARDS. Hearing none, the motion is adopted. [Calls of "can't hear."] Mr. McCLORY. Will the chairman yield? Can you hear me? Mr. EDWARDS. Today we begin hearings on House Joint Resolution 638, which would extend the ratification period for the proposed equal rights amendment for an additional 7 years. This subcommittee has a history of involvement with the equal rights amendment which goes back many years. Many of us struggled long and hard to secure passage of the amendment, a goal we finally achieved in the 92d Congress. We had hoped to see the amendment ratified quickly and have continued to devote our efforts to that end. It is no secret that I support the equal rights amendment, and that I am committed to its ratification. I believe I can say without fear of contradiction that the Subcommittee on Civil and Constitutional Rights is among the ERA's oldest and best of friends here in Congress. But it must be remembered throughout this hearing and the ones (1) that are to follow that the implications of the proposal before us go far beyond the immediate question of support for the equal rights amendment. It is important for all of us-those who support the equal rights amendment as well as those who oppose it-to keep in mind that the questions raised by House Joint Resolution 638 apply to all constitutional amendments, to the role of the Congress in proposing them, and to the role of the States in ratifying them. Indeed, consideration of House Joint Resolution 638 raises an issue no less significant than that of the extent of the power of Congress under article V of the Constitution-an issue on which there appears to be little or no authority. In order to assist the subcommittee in its deliberations, we have asked for guidance from a number of constitutional scholars, in addition to those who have agreed to appear as witnesses. So far, one of the few areas of agreement among them is that there is no history or legal precedent for what is being proposed here today. Some would say that this lack of precedent makes our job easy. I disagree; the fact that this is a novel question only makes our responsibility greater. For that reason, the subcommittee plans to consider carefully all the views presented to us over the next few days. I want to take this opportunity to express the subcommittee's gratitude to all of our witnesses and to those individuals who have offered us their advice and counsel. Their statements will be made a part of a permanent record of these proceedings. Finally, the questions we discuss in this set of hearings are merely the first in a series of questions which the subcommittee will have to resolve. Not only will we have to determine whether an extension is constitutionally permissible, we also will have to decide whether such a step would be an appropriate exercise of congressional power. That, in the end, may be the most difficult question of all. Now, I will yield to the gentleman from Virginia, the ranking Republican, Mr. Butler. Mr. BUTLER. Thank you, Mr. Chairman. I am afraid that the moment of truth in my life is about to arrive. Prior to becoming a member of the Congress of the United States, I was member of the General Assembly of Virginia. Mr. EDWARDS. They can't hear. Mr. BUTLER. But the Congress in its wisdom [Calls of "can't hear."] Mr. BUTLER. If anyone in the back is unable to hear me, I want to assure you, you have not missed anything very important. I was about to say that prior to my election to the Congress, the Congress in its wisdom chose to submit the equal rights amendment to the States. Fortunately for me, it arrived in the Commonwealth of Virginia after I had left the general assembly. Thus, I have been able to tell my friends in Virginia that I never had to vote on the equal rights amendment in the general assembly. I have been able to tell my colleagues in the Congress that this action was taken before I arrived. But now the moment of truth is almost here. I am pleased that we will have an opportunity to review the witnesses' opinions today. I think we are going to find, though, that the decision which is before us will be a political question. |