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To: PaleoBob
I was just responding to what you said: Programmatic hikes won’t require any majority. They would just kick in as a method of abiding by the balanced budget law. A simple generic law would be passed long before anything specific occurred. Then, when it did, presto, tax hike. Then, the courts are asked to interpret the amendment. How do you think they will go?

Does this proposed amendment allow programmatic hikes that won't require any majority? Not from my reading of the amendment that defines and limits outlays and receipts.

221 posted on 07/18/2011 8:23:18 PM PDT by kabar
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To: kabar

It would take an iteration or two, and some court cases, but it would work the way it does in localities and states with programmtic tax and fee hikes.

Does this proposed amendment allow programmatic hikes that won’t require any majority? Not from my reading of the amendment that defines and limits outlays and receipts.


When the amendment conflicted with a major program like Odumbocare or something a court deemed vital, a liberal court would simply uphold the programmatic hikes. The courts have persistently overruled constitutional amendments for a century and more. It’s no big deal—to those who LOVE legislating from the bench.

But none of this cut, cap and balance stuff will EVER see the light of day. If the Repukes had any brains they would have simply accommodated the Obo’s desire for a “clean” vote on the debt limit and voted NO. That would, of itself, force spending reductions. Isn’t that what we want?

And how many major Repuke plans that can’t ever pass the full congress and withstand veto are out there? Why are the Repukes able to deliver grand design waterfall plans but unable to just vote NO? What’s wrong with these people?

Just for the record, I also think the amendment conflicts with the body of the constitution, which affords each congress power over the pursestrings. In the past, legislation that attempts to inform future congresses they can’t repeal what a previous congress did have been deemed unconstitutional.

But it’s all academic because there’s no way in hell this amendment will ever pass.


222 posted on 07/19/2011 6:12:21 AM PDT by PaleoBob
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