>>>>>The Constitution has a provision in it that allows it to evolve over time called "the Elastic Clause". When implemented this pseudo-clause reifies as constitutional amendments. This permits the people to vote an amendment that says, "the Constitution of the United States is null and void"<<<<<
No, it doesn't. The so-called "elastic clause" allows Congress to pass laws, it is contained in Article 1 Section 8 of the United States Constitution:
"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
First, it's not a "pseudo-clause," it's a clause. It is "elastic" because what is "necessary and proper" for "carrying into execution" the powers vested by the Constitution in the government is left to the Congress to decide, and obviously there is plenty of room for differing opinions.
Second, it doesn't "reify as constitutional amendments," the Constitution specifically provides how it may be amended
>>>Article. V.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, 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, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.<<<<<<<
Third, it would be a tautological absurdity to amend the constitution by adding a provision that the constitution was void.
Congress, a creature of the Constitution, cannot void the Constitution, by amendment or otherwise. The Constitution was adopted by the several states at the Constitutional Convention. If the states decided to void the Constitution, it could not be done by an act of Congress, but by another constitutional convention.
QED, the Constitution does not provide for its own destruction.
************** I find your assertions curious. If you don't mind satisfying my curiosity, did you come up with these conclusions on your own, or did you read them or hear them someplace else? |