I'm not sure that contract law is a good place to start looking for guidance. When we think of contracts, we think of building stuff, or making and delivering stuff, or mortgages, that sort of thing. The time frame of typical interactions between and among individuals and corporations. No one would think that a contract that hadn't been finalized between my grandfather and some other entity could be put into force 10 years after his death. That said, I might argue that once the then-current generation had passed, the pending amendment had become moot. It was Thomas Jefferson who made a statement to the effect that every generation had the right, if not the duty, to remake the Constitution.
I’m working on a series of videos on the articles of confederation and the constitution and that’s one of my first lines in my script (so far). That the fact that we approved a constitution and stuck with it for hundreds of years is not only bizarre, it probably wasn’t expected.
Nowhere does the Constitution mention the laws of Contract. Article V does not set any limit on the amount of time for an Amendment to be ratified: "...shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof...".
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This is good to know. Thank you
Ratification requires ¾
Yeah I had the wrong number in my head. Happens sometimes.
I'm not sure that contract law is a good place to start looking for guidance. When we think of contracts, we think of building stuff, or making and delivering stuff, or mortgages, that sort of thing. The time frame of typical interactions between and among individuals and corporations. No one would think that a contract that hadn't been finalized between my grandfather and some other entity could be put into force 10 years after his death. That said, I might argue that once the then-current generation had passed, the pending amendment had become moot. It was Thomas Jefferson who made a statement to the effect that every generation had the right, if not the duty, to remake the Constitution.
I’m working on a series of videos on the articles of confederation and the constitution and that’s one of my first lines in my script (so far). That the fact that we approved a constitution and stuck with it for hundreds of years is not only bizarre, it probably wasn’t expected.
Nowhere does the Constitution mention the laws of Contract. Article V does not set any limit on the amount of time for an Amendment to be ratified: "...shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof...".
It’s an unusual reading. That’s for sure. I found it interesting that Scalia supported it.
Contract law doesn't apply to constitutional alterations.
I would agree but apparently Justice Scalia did not.
What's significant about 1992?
It’s the year it was finally ratified. About 200 years after it was initially approved.