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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?


To: jbe who wrote (41800)6/25/1999 1:08:00 AM
From: Rambi  Read Replies (1) | Respond to of 108807
 
Ah- I see- well, that's even dumber.



To: jbe who wrote (41800)6/25/1999 11:23:00 AM
From: The Philosopher  Respond to of 108807
 
I don't think the Supreme Court can rule an amendment unconstitutional, penni. Perhaps
the lawyers among us can advise us on that one.


As far as I know, it's never been tested. But I don't see how the court COULD rule an amendment unconstitutional, since it is part of the constitution. It's a well established rule of law that if an older and newer law (of equal legal weight, such as both state statutes) conflict and cannot be reconciled, the newer prevails, since the legislature was presumed to know about the older and to have functionally overruled it.

So I think this amendment if passed would prevail.

However, you NEVER know what the Supreme Court might do until it does it.