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

To: tejek who wrote (228438)	4/10/2005 4:35:44 PM
From: TimF	Read Replies (2) \| Respond to of 1578071

Before Congress reviews and approves an amendment, it is reviewed by lawyers to determine its constitutionality. Typically, something like the prohibition of gay marriage will be determined to be unconstitutional even before it is written. There is no such procedure. There is no legal limit on the changes a constitutional amendment can create. It could even abolish the United States. The only really limit is the practical limit that laws that ignore human nature and physical reality will not have their intended effect. American jurisprudence says the following in regard to constitutionality: " The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law... Look at the bolded part very carefully. A stature or in other words an ordinary law is no law if it violates the constitution. This says nothing about constitutional amendments, which have just as much power as anything else in the constitution. An amendment is the ultimate check on the courts, because in theory they can set aside any court decision and in theory they could even abolish the courts. You will find no statement like the one you quoted about any constitutional amendment being unconstitutional in the US. It is impossible for such a situation to occur for a properly ratified amendment. If you don't trust me check with a universities legal department or do the research yourself. You will find that I am right. Tim