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


To: tejek who wrote (229059)4/13/2005 9:52:20 AM
From: neolib  Read Replies (1) | Respond to of 1578028
 
A constitutional amendment can not violate any of the provisions of the Constitution.

Are you sure of this? Any links?



To: tejek who wrote (229059)4/14/2005 9:39:55 PM
From: TimF  Read Replies (1) | Respond to of 1578028
 
You chain one false premise after another in your argument.

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.

In a sense a constitutional amendment can not violate any of the provisions of the constitution but only in the sense that it changes the provisions of the constitution when it is passed.

Currently elements of the constitution include undemocratic provisions. These are limited but they show that "undemocratic" does not equal "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.

Its not east to have a "rogue congress" that is rogue enough to get a super majority vote for an amendment passed. And even if it can you need a super majority of the states to support it.

The amendment process is intentionally difficult. We have only had 27 amendments in about 215 years. And 10 of those (the bill of rights) went in to effect at the beginning. So the average is more than a dozen years between amendments, and there has only been one ratified after 1971.

Tim