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To: musanon

That is non responsive. The issue is whether of not SCOTUS can strike down a Constitutional Amendment, on any grounds. It cannot, despite what Root in a brief said in 1918. SCOTUS ignored Root it would seem. Sure, SCOTUS can it interpret away into a toothless state. The array of legal tools SCOTUS now has to do what it wants make up a most impressive inventory indeed, and new tools come over the transom, in ever more rapid succession. When necessary and convenient to effect a chosen policy end, invent a new tool. But the tools tend to have a certain complex obscurity, or soaring prose quality, or both, in order to try to keep the wolves a bay. Using the hacksaw in the manner you suggest, is at once unnecessary and counter productive. These guys have left Thomas Edison in the dust as the greatest American inventor.


257 posted on 07/11/2005 7:55:20 PM PDT by Torie (Constrain rogue state courts; repeal your state constitution)
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To: Torie

Sheesh, this is getting spooky.


259 posted on 07/11/2005 8:04:52 PM PDT by jwalsh07
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