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JONATHAN TURLEY: President Biden sees dead amendments

President Joe Biden wants people to know that he sees dead amendments. Just before leaving office, Biden declared that we have a 28th Amendment, despite the fact that the measure died in the ratification process years ago.

Not since the movie “Sixth Sense” has there been a more creepy moment. To paraphrase Cole Sear in the film, Biden does not see failed amendments in constitutional coffins but “Walking around like regular [amendments]. They don’t know they’re dead.” Neither does Biden.

Biden waited until shortly before leaving office to pander to the most delusional elements of the Democratic Party in unilaterally announcing that the Equal Rights Amendment is now part of the Constitution. The farcical moment was then amplified by figures like Sen. Kirsten Gillibrand, (D-N.Y.), rejoicing and falsely telling women that they can now go to court and enforce the amendment to restore such things as abortion rights.

This bizarre group fantasy was triggered by the following declaration:

“In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.”

Without naming them, Biden cites dozens of “constitutional experts” to support this absurd claim.

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