Replies

The Bill of Rights and the 14th Amendment make it clear that the peoples rights to life, liberty, or property are not to be infringed, abridged or denied, -- by any level of government in the USA.

Marshall made much the same point in Marbury, back in 1803:

"-- The question, whether an act, repugnant to the constitution, can become the law of the land, is a question deeply interesting to the United States; but happily, not of an intricacy proportioned to its interest.
It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.
That the people have an original right to establish, for their future govern-ment, such principles as, in their opinion, shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected.
The exercise of this original right is a very great exertion; nor can it, nor ought it, to be frequently repeated.
The principles, therefore, so established, are deemed fundamental.
And as the authority from which they proceed is supreme, and can seldom act, they are designed to be permanent. --"

Thus we see the fundamental principles of personal liberty in our Constitution as permanent.

Any amendments that violated those principles would be null, void, and repugnant.

Any amendments that violated those principles would be null, void, and repugnant.

If you will read the portion of the Constitution below you will note that there is nothing about any portion of the Constitution, including other amendments, that cannot be amended except as noted until 1808. You will also note that there are no amendements which affect the quoted portion below. As a matter of record, I called to your attention in an earlier post that the Twenty-first Amendment repealed the Eighteenth Amendment. You also note that the Fourteenth Amendment, of which you are so fond, substantially curtailed the Tenth Amendment. Beyond these examples, the Sixteenth Amendment essentially “gutted” the protections of the Fifth Amendment as far as tax issues are concerned. Your theory, while it sounds great, fails miserably in view of reality.

US Constitution, Article V

The 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.