Thread: 28th amendment
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Old June 12, 2010, 01:22 PM   #35
Hugh Damright
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Join Date: June 5, 2004
Posts: 611
Quote:
The idea that States are sovereign was utterly destroyed when the Articles of Confederation were thrown out in favor of the Constitution.
I disagree ... in my view, if the US Constitution had an article which said that "the idea that the States are sovereign is hereby utterly destroyed" it would not have been consented to ... I believe the States intended to delegate enumerated powers, not their very sovereignty.


Quote:
An interesting theory. Can you cite some legal authority for the proposition, or is it just your unsupported view?
I am not aware of legal authority regarding the scope of the amendment power. At the Constitiutional Convention, Sherman "expressed his fears that three fourths of the States might be brought to do things fatal to particular States, as abolishing them altogether or depriving them of their equality in the Senate" ... by declaring that equality in the senate is beyond the scope of the amendment power, does it follow that the States cannot be abolished? Does it follow that their sovereignty cannot be abolished by the amendment process? In Federalist 43, Madison said that "The exception in favour of the equality of suffrage in the Senate was probably meant as a palladium to the residuary sovereignty of the States, implied and secured by that principle of representation in one branch of the Legislature ... if the principle of equal representation in the Senate is intended to imply and secure State sovereignty, and it is declared to be beyond the scope of the amendment power, then it doesn't seem like such a grand leap to consider that perhaps State sovereignty is beyond the scope of the amendment process.

Last edited by Hugh Damright; June 12, 2010 at 01:28 PM.
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