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To: musanon
Wrong on all counts. A Constitutional Amendment is a change to the Constitution itself, and thus cannot be over-ruled or changed by the Supreme Court. If 3/4th's of state legislatures so vote, they can convene a Constitutional Convention, which can eliminate the current Constitution (and the Supreme Court itself, if they so choose) and replace them with a completely new governing document.

You can tap-dance around the issue all you like. The fundamental question is completely clear--the people can amend the Constitution in any way they so choose, and the Supreme Court has no option other than to go along with their fianl judgment.

226 posted on 07/10/2005 8:57:12 AM PDT by Wonder Warthog (The Hog of Steel)
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To: Wonder Warthog
As Marshall said in M v M:
" --- 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;" -------
------ "It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it." ----------
---------- "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. --- "

Wrong on all counts. A Constitutional Amendment is a change to the Constitution itself, and thus cannot be over-ruled or changed by the Supreme Court.

The USSC has the power of judicial review for all cases arising before it. [See Art. III]
The Constitutionality of the 18th was questioned, and they reviewed that question. - Sadly, they opined that a repugnant act of prohibition was Constitutional, contrary to all of our principles of liberty.
Fortunately, the people ignored them, and overruled by passing the 21st.

If 3/4th's of state legislatures so vote, they can convene a Constitutional Convention, which can eliminate the current Constitution

Yep, -- that's what they would have to do, in order to pass a 'law' repugnant to our basic Constitutional principles; -- "eliminate the current Constitution".

(and the Supreme Court itself, if they so choose) and replace them with a completely new governing document. You can tap-dance around the issue all you like. The fundamental question is completely clear--the people can amend the Constitution in any way they so choose, and the Supreme Court has no option other than to go along with their fianl judgment.

Tap dancing? I'm not the one here claiming that we can "eliminate the current Constitution". You are.

230 posted on 07/10/2005 9:19:24 AM PDT by musanon
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