Why ERA Failed looks at the systemic problems of politics and
the amending process. The author, Mary Frances Berry, considers the
behavior of the two sides from the perspective of a historian and
lawyer. She describes the history of the amending process, from the
Constitutional Convention to the present day, and its application
to the struggles for amendments concerned with the status of blacks
after the Civil War, income tax, prohibition, child labor, and
woman suffrage.
Berry concludes that ERA approval was problematic at best and
defeat predictable. Supporters did too little of what is required
for ratification of a substantive proposal too late. Furthermore,
the large number of state ratifications gained was deceptive.
Support was eroding instead of increasing in the final stages of
the campaign.
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