Joe Biden has never been so busy as he has been in the last weeks occupying the Oval Office.
“The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of sex,” Biden brazenly announced on Friday.
There’s just one big problem … a U.S. president can’t just amend and/or ratify the Constitution on a whim, but that fact was lost on at least one sitting senator.
New York Democrat Kirsten Gillibrand was licking her chops at the thought of thwarting Donald Trump’s incoming administration and celebrated Biden’s imaginary new “28th Amendment” on X calling the move an “incredible moment for reproductive freedom.”
“Especially with Americans facing the further degradation of reproductive freedom as the incoming administration takes power,” Gillibrand’s post continued. “Now, women living in states with restrictions on their reproductive freedoms can – and should – file suits to overturn these unconstitutional laws that discriminate on the basis of sex. I know they will have ample support as they seek justice, and I promise to stand by their side in this fight.”
President Biden just declared that the Equal Rights Amendment is now a valid part of the Constitution, and should be considered the law of the land.
This is an incredible moment for reproductive freedom, and a historic day for equality – especially with Americans facing the… https://t.co/ZoRdbDFoug
— Kirsten Gillibrand (@SenGillibrand) January 17, 2025
Unfortunately for Biden and Gillibrand, but gratefully for America, a Constitutional Republic doesn’t work like that. It didn’t take long for Biden’s “28th Amendment” declaration to get hit with a brutal reality check:
“The Archivist of the United States, charged with officially publishing ratified amendments, has confirmed that the ERA was not ratified and based that analysis on binding legal precedent.
There is no 28th Amendment,” the fact-checking system “Community Notes” posted on X in response.
Ouch.
X users were at the ready to scold Biden for the presumed overreach:
Sir, this is not how the Constitution works. Dementia is not a magic ticket to become a dictator that asserts Constitutional amendments into existence.
— Mollie (@MZHemingway) January 17, 2025
This is a threat to democracy.
— Jude (@SurfTheSpect2) January 17, 2025
Um, reread the Constitution. This post isn’t worth the ether it’s written on.
— Tina Forsberg ن (@TinaForsbergNC) January 17, 2025
You just got fact-checked on your lie.
— Kerry (@K1erry) January 17, 2025
The President of the United States just got a community note for trying to act like a dictator.
3 more days.
— Gunther Eagleman™ (@GuntherEagleman) January 17, 2025
Three more days!
Gillibrand was also Community Noted and got a BRUTAL online lashing as well:
The president CAN’T declare something an amendment. You are the dumbest people alive
— JohnGalt (@JohnJGaltrules) January 17, 2025
Resign. You’re clearly too unfit and ignorant to sit in the US Senate.
You just flat out lied to America and violated your oath to uphold the Constitution by lying about a fake amendment.
— John Cardillo (@johncardillo) January 17, 2025
How embarrassing!!! A sitting senator has no idea how our constitution works! You should resign!
— Nicki (@so_anyway_) January 17, 2025
This post by a current United States Senator is totally outrageous and unfathomable.
— PANAMÁ CHAD (@CJayMahoney) January 17, 2025
As a Senator this is unbecoming.
Do you know how ratifying an amendment to the Constitution works?
Or are you playing a dangerous game of divisive politics?
You should resign or removed by your constituents.— LoneWolfJr (@LoneWolfJPSjr) January 17, 2025
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