On Friday, Biden declared that the Equal Rights Amendment (ERA) is now part of the Constitution, despite having no authority to make such a claim. Regardless of your views on the amendment itself, this is simply not how the Constitution works. This wasn’t just symbolic overreach; it was an audacious attempt to seize powers he does not have, echoing the tyrannical tactics of Barack Obama.
In 2015, in a desperate bid to secure a nuclear deal with Iran — the world’s foremost state sponsor of terrorism — Barack Obama unilaterally declared the agreement ratified via executive action, effectively giving Iran a path to nuclear weapons. Then, in his final year in office, he did the same with the Paris Climate Agreement. Both deals fell under the constitutional definition of treaties in Article II, Section 2, which requires Senate approval for ratification. However, fully aware that he lacked the necessary Senate support, Obama bypassed the constitutional process, labeling both agreements as “executive actions” to unilaterally declare them ratified.
Obama’s defiance of constitutional processes wasn’t just brazen—it was calculated. By treating the agreements as executive decisions, he sidestepped the Senate entirely, undermining the checks and balances that form the backbone of American governance. The Paris Climate Agreement imposed significant economic burdens on the U.S., while the Iran nuclear deal jeopardized national security.
Obama’s actions were not just unconstitutional but outright dangerous. His willingness to ignore constitutional limits set a chilling precedent for future presidents — and Biden proved he was more than willing to follow in Obama’s tyrannical footsteps by simply declaring the ERA a passed constitutional amendment when he has no authority to do so.
Related: The Equal Rights Amendment is Back, and Old Joe Biden Says It’s Now the Law of the Land
The ERA was first passed by Congress in 1972, aiming to establish so-called “equal rights” for women under the Constitution. But the amendment was dead on arrival decades ago. Why? Because Congress set a clear deadline for states to ratify the ERA, and that deadline expired in 1979. On top of that, five states that initially approved the amendment later rescinded their ratifications.
Despite these glaring legal roadblocks, Biden boldly directed U.S. Archivist Dr. Colleen Shogan to certify and publish the amendment as if his mere word could rewrite history. He might as well declare himself Master of the Universe, Lord of the Rings, and the King of Narnia while he’s at it.
Despite its euphemistic name, there are legitimate objections to the ERA. Critics argue that women already have sufficient legal protections under the Constitution and federal laws, making the ERA unnecessary. They also worry the amendment could eliminate gender-specific protections, such as those for pregnant women or single-sex spaces. Some fear it could be used to expand abortion rights, solidifying a constitutional basis for abortion. Many view the ERA as part of a broader progressive agenda on gender and sexuality issues.
Biden went even further, declaring, “The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.” These are not the words of a president faithfully executing the laws; they’re the words of someone who knows he's flouting the Constitution because he was only willing to do so during his final days in office.
It’s not like Biden didn’t know his declaration wasn’t going to be the final word on the issue. Shogan has said the ERA cannot be certified due to legal and procedural rulings. The Department of Justice and National Archives staff have reaffirmed that the ratification deadlines are enforceable. But Biden, like a dictator disregarding the rule of law, announced otherwise because now he can say that was an action he took as president, knowing very well it will mean nothing in the long run. Otherwise, he would have done so much earlier in his presidency.
What we’re witnessing is the steady erosion of constitutional boundaries by Democratic presidents who believe they can rule by decree. Like Obama before him, Biden is treating the presidency as if it grants him unlimited authority to reshape the country as he sees fit.
This is not leadership; it’s authoritarianism in disguise.
The Constitution is not a suggestion, yet Biden and Obama have both acted as though presidents can ignore it whenever it becomes inconvenient. If left unchecked, this disregard for constitutional limits will only embolden future presidents to trample on the rule of law, turning our republic into something unrecognizable.
