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To: Wonder Warthog
" FINAL authority lies with the people, via Congress and the state legislatures according to the stated amendment process."

State legislatures are irrelevant. The Constitution can be Amended, but then the Constitution itself is changed and the point of judicial review is mute.

80 posted on 07/09/2005 4:21:53 PM PDT by spunkets
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To: spunkets
"State legislatures are irrelevant. The Constitution can be Amended, but then the Constitution itself is changed and the point of judicial review is mute."

Uh, go back and re-read the Constitution. The amendment process requires the accession of both Congress AND three-quarters of the state legislatures--that hardly makes them "irrelevant". And in fact, the state legislatures have the specific power to bypass the Congress completely, by issuing a call for a new Constitutional Convention. Power never before used, but definitely available to those "irrelevant" state leigslatures.

And yes, amending the Constituion "does" make the point of the specific judicial review moot---but it DOES fix the problem in a Constitutionally correct fashion. NOT by have the Supreme Court judges legislate from the bench, as is currently the case.

97 posted on 07/09/2005 4:31:57 PM PDT by Wonder Warthog (The Hog of Steel)
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To: spunkets

"State legislatures are irrelevant"

Where did you learn your history? Try, again, reading the 10th Amendment and then tell me how "irrelevant" the states are. The founders knew that the state governments were closer to the people, more accountable and, hence, given more power than the federal beast.

History is lost.


174 posted on 07/09/2005 6:59:28 PM PDT by MissouriConservative (Tolerance is the virtue of the man without convictions.)
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