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Politics : Formerly About Advanced Micro Devices

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To: TimF who wrote (229303)4/15/2005 12:09:04 AM
From: tejek  Read Replies (1) of 1577704
 
In a sense a constitutional amendment can not violate any of the provisions of the constitution but only in the sense that it changes the provisions of the constitution when it is passed.

Currently elements of the constitution include undemocratic provisions.


What are they?

These are limited but they show that "undemocratic" does not equal "unconstitutional".

You are right......they are not necessarily equivalent.

If that were not true, then it would be fairly easy for a rogue Congress to pass any ole amendment that met their fancy and submit it to the states for an approval.

Its not east to have a "rogue congress" that is rogue enough to get a super majority vote for an amendment passed. And even if it can you need a super majority of the states to support it.


That's true.

The amendment process is intentionally difficult. We have only had 27 amendments in about 215 years. And 10 of those (the bill of rights) went in to effect at the beginning. So the average is more than a dozen years between amendments, and there has only been one ratified after 1971.

Its a hard process so long as the rules are followed. However, a rogue Congress by its very nature is not necessarily committed to following the rules. Most students of jurisprudence believe Congress committed an unconstitutional act by interfering with the Terri Schiavo case. And yet, Congress had no problem getting enough Congressmen who were on recess as well as the president to come back to DC to vote on the legislation that made that interference possible. Eyelashes did not bat. Both Congress and the president showed that their commitment to the Constitution is rather weak and subject to change on their whim.

And, Tim, don't come back and say I am crazy or out of line; that Congress and the president care deeply for the Constitution or whatever BS you have in your head. It is what it is.......and it speaks volumes.

Only when the American people showed that they were upset about such interference did Congress and Bush pull back. I wonder how long it will be before what Americans think no longer matters to these people.

ted
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