Thread: 28th amendment
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Old June 12, 2010, 02:28 AM   #29
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,658
Quote:
Originally Posted by Hugh Damright
I think it's first and foremost a matter of state sovereignty ... if the amendment power is construed to be absolute such that 3/4 of the States can do anything, ... then that seems to go against the spirit of the US Constitution ... in my view, a new frame of government would not be binding upon any State without their consent, because the States are sovereign.
An interesting theory. Can you cite some legal authority for the proposition, or is it just your unsupported view?

The Constitution itself does not limit the scope or reach of permissible amendment, except as narrowly stated. Under the plain language of the Constitution, anything, save that exception, is possible.

Of course, if 3/4 of the States ratified an amendment to the Constitution that one or more of the remaining States found so strenuously objectionable that they were disposed to resist its application, who can tell what would happen. But that would be a practical and political matter and would not arise from any organic limitation in the permissible scope of amendment of the Constitution.
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