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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: tejek who wrote (228364)	4/8/2005 7:48:32 PM
From: steve harris	Read Replies (1) \| Respond to of 1577965

so where in the constitution does it say the judicial branch creates the laws of the land? Article 3 of the constitution says you are dead wrong...

To: tejek who wrote (228364)	4/8/2005 7:49:49 PM
From: TimF	Read Replies (2) \| Respond to of 1577965

If a Constitutional Amendment is deemed unconstitutional, it will be invalidated. The only way it can be invalidated if it can be shown not to have been ratified correctly. Other than the method of ratification there is no legal check on what a constitutional amendment can do. A constitutional amendment is part of the constitution. There is no higher law in our system. There is no "check and balance" to toss out amendments as unconstitutional. The ability to override any court decision with a constitutional amendment is one of the checks on the courts. If congress and 2/3rds of the states vote in the amendment there is nothing that the USSC can do about it. At least there is nothing they can directly do about it. If they are really hostile to it they could try to ignore it in their decisions. If they are blatant enough at doing so it could lead to a constitutional crisis. Tim