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To: Titus Quinctius Cincinnatus

Spurious means false, not frequent.

But yes, I agree with your point 100%. Amending the Constitution makes it constitutional. And it was made hard to amend so that it would not be done flippantly or frequently, with time for deliberation and to find out spurious reasoning (hopefully) and certainly not for light and transient causes.


32 posted on 01/04/2011 5:05:28 PM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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To: allmendream
Spurious means false, not frequent.

Yes, and I meant it that way. One of the protections afforded by the rigourous amendment process was against the document being easily changed under false pretense or because people were "snookered" into doing so.

35 posted on 01/04/2011 5:15:56 PM PST by Titus Quinctius Cincinnatus (When evolution is outlawed, only outlaws will believe in abject nonsense.)
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To: allmendream
". . . and it was made hard to amend . . . . "

The most significant provision of that amazing Constitution for self-government was that which provided the only valid means for its own amendment in Article V--the Founders' requirement that any amendment would be subject to the will of "its only KEEPERS,"(Justice Story)--"We, the People."

See Dr. Walter Berns' essay entitled, "Do We Have a Living Constitution?" edited and published in the book, "Our Ageless Constitution" (Stedman & Lewis). From that essay come the following excerpts:

"Until the people have, by some solemn and authoritative act, annulled or changed the established form, it is binding upon them collectively, as well as individually; and no presumption or even knowledge of their sentiments, can warrant their representatives [the executive, judiciary, or legislature]; in a departure from it prior to such an act." - Alexander Hamilton

Madison spoke out forcefully against frequent appeals to the people for change. Marshall had this Madisonian passage in mind when, in his opinion for the Court in Marbury, he wrote:


42 posted on 01/04/2011 6:06:54 PM PST by loveliberty2
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