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To: custergg
The practice of "legislative entrenchment" (the practice by which a legislature insulates ordinary statutes from repeal by a subsequent legislature) is broadly considered to be unconstitutional. In addition, textual, historical, and structural arguments appear to make a very compelling case against the constitutionality of legislative entrenchment.

One of the legal sources I discovered also made this comment:

"In particular, the Framers incorporated into the Constitution the traditional Anglo-American practice against legislative entrenchment, as evidenced by early comments by James Madison... Moreover, legislative entrenchment essentially would allow Congress to use majority rule to pass constitutional amendments."

13 posted on 03/15/2010 11:45:58 AM PDT by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: andy58-in-nh

Thank you very much for the research. I would take that to mean that Reid will be shooting himself in the foot by trying to put something like this in the bill.
I think it will turn into the cause celebre insuring the bill will be repealed some time in the future, idiots.


25 posted on 03/15/2010 12:00:09 PM PDT by Recon Dad ( USMC SSgt Patrick O - 3rd Afghanistan Deployment - Day 146)
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To: andy58-in-nh

The whole damned thing is unconstitutional from start to finish!


39 posted on 03/15/2010 5:01:55 PM PDT by RipSawyer (Trying to reason with a leftist is like trying to catch sunshine in a fish net at midnight.)
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