[kingu]

I suppose I'm one of the many in the world who could use some explaining here - how can a constitutional amendment be unconstitutional? Isn't it, as an amendment, automatically constitutional since it is part of the damn document?

Ghads I'm getting lost in all the twisted logic that lawyers come up with.

[inkling]

suppose I'm one of the many in the world who could use some explaining here - how can a constitutional amendment be unconstitutional? Isn't it, as an amendment, automatically constitutional since it is part of the damn document?

That's simple. Justice Kennedy would cite international law. :-)

Actually, I'm not sure how they would handle it technically, but two parts of the Constitution would be in direct conflict with each other. It would create a legal version of a mobius strip. A better name for this amendment could be "The Lawyer Full Employment Act" since Con Law folks would make a mint off of it.

[bobhoskins]

I suppose I'm one of the many in the world who could use some explaining here - how can a constitutional amendment be unconstitutional? Isn't it, as an amendment, automatically constitutional since it is part of the damn document?

Yes, once it's an Amendment it becomes part of the Constitution, thus, Constitutional.

But, it's not an Amendment YET. So the argument is around whether or not it should become an amendment.

Ghads I'm getting lost in all the twisted logic that lawyers come up with.

I'm still curious how lawyerly this amendment will turn out! I'm expoecting plenty of pages of definitions, exceptions, etc.