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Old January 19, 2013, 10:02 AM   #10
Hugh Damright
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Join Date: June 5, 2004
Posts: 611
Quote:
Actually, there is some merit to the argument that the BoR Amendments are organized in order of priority. I'll have to go back and do some digging, but I remember reading at least one decision in law school on that point.
It makes no sense to me ... from what I've seen of the requests for the original amendments, I'd say that the Tenth Amendment was the highest priority.

I have heard it suggested that the amendments are in an order which corresponds to the declarations of power which they are intended to limit. There were twelve original amendments proposed to the States for ratification, and the first (which failed) regarded representation i.e. Article One:Section Two. And the second (which failed) regarded compensation i.e. Article One:Section Six. And the next four, which passed and became our First-Fourth Amendments, fit in with the restraints on Congress found in Article One:Section Nine.
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