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


To: neolib who wrote (229030)4/13/2005 1:17:13 AM
From: tejek  Read Replies (2) | Respond to of 1577988
 
Let me just say that the reason Congress and Bush are backing off of a constitutional amendment for gay marriage is because they have been told it would not be constitutional. For anyone who understands the provisions in the Constitution that comes as no surprise.

AFAIK, there are absolutely no limits on the content of change using the Amendment process. I suppose that State constitutions might place limits on what the states can do, but I have never heard of such relating to the Amendment process. So we could embed any nasty act you can imagine in the US Constitution.


A constitutional amendment can not violate any of the provisions of the Constitution. If an amendment is inherently undemocratic, then it violates the Constitution and is unconstitutional. If that were not true, then it would be fairly easy for a rogue Congress to pass any ole amendment that met their fancy and submit it to the states for an approval.

ted



To: neolib who wrote (229030)4/14/2005 9:22:23 PM
From: TimF  Read Replies (2) | Respond to of 1577988
 
AFAIK, there are absolutely no limits on the content of change using the Amendment process.

I thought there was no limit, but it appears that it is only accurate to say that there is almost no limit. You have to leave the number of senators from each state equal. I suppose you could change it with two amendments, one to get rid of the one still in force limitation on amendments, and the other to make the actual change.

Tim