No, blissful one, I was referring to the hoops that the south had to jump through to amend their constitution. It could only be done on the demand of at least three states and then needed the approval of 2/3rds of the other states. Since every southern state constitution of the time that I've seen had a clause in it somewhere that prevented the legislature from passing any legislation that might negatively impact slavery then it's interesting to speculate what might have happened to such a proposed amendment. Wouldn't voting for a convention to consider such an amendment be considered legislation that might negatively impact slavery and, as a result, be unconstitutional? It would have made an interesting supreme court case, had such an institution existed in the confederacy.
U.S. Constitution, Article 5The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
[Non-Seq] No, blissful one, I was referring to the hoops that the south had to jump through to amend their constitution. It could only be done on the demand of at least three states
The U.S. Constitution requires 2/3rds of BOTH houses to PROPOSE Amendments to the Constitution, significantly more than 3 states.
[Non-Seq] and then needed the approval of 2/3rds of the other states.
In the U.S. Constitution, the requirement is 3/4ths, which by my reckoning is more than 2/3rds.
[Non-Seq] Since every southern state constitution of the time that I've seen had a clause in it somewhere that prevented the legislature from passing any legislation that might negatively impact slavery then it's interesting to speculate what might have happened to such a proposed amendment.
It is interesting to speculate what might have happened if you had not smoked so much weed.
[Non-Seq] Wouldn't voting for a convention to consider such an amendment be considered legislation that might negatively impact slavery and, as a result, be unconstitutional?
No. A state constitution would not make a Federal act unconstitutional.
[Non-Seq] It would have made an interesting supreme court case, had such an institution existed in the confederacy.
It would be about as interesting as if the state of Kansas amended its constitution to have a clause in it somewhere that prevented the legislature from passing any legislation that might raise taxes. Would that make an increase in the Federal income tax unconstitutional? Perhaps you can try that as a test case, take it to the IRS and the Supreme Court and let us all know how it turns out.