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This proposed amendment was sent to the states after two thirds of both houses of Congress approved of it, but they did so with a requirement that it is not ratified unless it received the appropriate approval of three fourths of the states within seven years. That period expired in the 1970’s without the amendment receiving a sufficient number of state ratifications.
Since then, additional states have purported to ratify it and, crucially, other states have withdrawn their ratification. In 2020, Virginia purported to be the final state to ratify it, except that is only true if you believe 1) Congress can’t limit how long it takes for an amendment to be ratified and 2) no state can withdraw approval before final ratification.
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This proposed amendment was sent to the states after two thirds of both houses of Congress approved of it, but they did so with a requirement that it is not ratified unless it received the appropriate approval of three fourths of the states within seven years. That period expired in the 1970’s without the amendment receiving a sufficient number of state ratifications.
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Since then, additional states have purported to ratify it and, crucially, other states have withdrawn their ratification. In 2020, Virginia purported to be the final state to ratify it, except that is only true if you believe 1) Congress can’t limit how long it takes for an amendment to be ratified and 2) no state can withdraw approval before final ratification.
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