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To: ratan lal who wrote (120704)12/7/2000 1:27:07 AM
From: nihil  Read Replies (1) | Respond to of 186894
 
A constitutional amendment may be retroactive. The constitutional prohibition to pass ex post facto laws of congress does not forbid a retroactive amendment. The only provision of the constitution (by its own assertion) that may not be amended is the equal representation of states in the senate. The amendment would be hard to pass, if nor no other reason that many of the state legislatures would act as if bound by antiretroactivity provisios in their own state constitutions. This is where I think Scalia is wrong. A legislature that in passing laws authorized by the U.S> Constitution violated its own constitution would be violating state law.