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To: Verginius Rufus
The Constitution states that no state may be deprived of its equal vote in the Senate without its consent. What if a constitutional amendment to the effect that the 5 states with the smallest population should have one senator each, and the 5 states with the largest population should have 3 senators each was passed by the required margins in both houses of Congress and 3/4 of the states went through the process of ratifying it?

Then it would be part of the Constitution. It would be the law of the land.

A duly-adopted amendment becomes part of the Constitution. Amending means changing. Adding or subtracting. The Constitution cannot, by definition, be unconstitutional. Am I speaking Esperanto here?

Don't talk to me about original intent -- the Founders' original intent was that the runner-up for president would be the vice president. The folks who actually had to govern fixed that in a hurry. They amended the Constitution. Changed it. It's been done 27 times in the last 220 years. An amendment isn't an editorial or an oh-by-the-way. It is part of the Constitution. Full stop.

20 posted on 11/12/2007 7:01:01 AM PST by ReignOfError
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To: ReignOfError

I’m going by the plain language of the document—no need to divine “original intent.” There is a proviso limiting the amendment process (end of Article V) explicitly saying “that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”


21 posted on 11/12/2007 8:04:59 AM PST by Verginius Rufus
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