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Senate confirms Justice Handmaid One


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2 hours ago, finaljedi said:

 

It kills me when someone tries to make a point with "The American people elected Donald Trump to...", he won the election, but the American people didn't elect him.

It also kills me he says right in the canned email the senate has a long standing precedent of delaying nomination but he's going to do it anyway.

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7 minutes ago, Firewithin said:
200919074142-01-amy-coney-barrett-super-
WWW.CNN.COM

President Donald Trump intends to choose Amy Coney Barrett to be the new Supreme Court justice, according to multiple senior Republican sources with knowledge of the process.

 

 

of course it was going to the absolute worst religious psycho 

 

Absolutely fabulous we've got a decent chance to have a member of People of Praise on SCOTUS. So good.

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5 minutes ago, Joe said:

Lagoa would have been the smarter choice.

They seem nearly identical on judicial philosophy from the brief opinion readings I did, and Coney Barrett is a little younger. Why do you think Lagoa would be the smarter choice?

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1 hour ago, sblfilms said:

There is a commonly held view in the, dun dun dun, legal community that an amendment itself can’t be violative of the constitution.

 

For example, you couldn’t pass an amendment that made female votes with 1/2 of male votes because the amendment itself is an equal protection violation.

 

Not sure that would apply to the senate situation, but I could see it.

This is lulzy

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22 minutes ago, Jason said:

 

Seriously. How can the constitution prevent amendments. lol

If the amendment itself is in violation of the constitution, that’s how. Going back to the example of voting, you would need to amend the constitution to remove equal protection prior to having an amendment that would restrict female voting in such a way.

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27 minutes ago, sblfilms said:

If the amendment itself is in violation of the constitution, that’s how. Going back to the example of voting, you would need to amend the constitution to remove equal protection prior to having an amendment that would restrict female voting in such a way.

 

28th Amendment 

Section 1: The 19th amendment is repealed. 

Section 2: Women are banned from voting. 

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3 minutes ago, Jason said:

 

28th Amendment 

Section 1: The 19th amendment is repealed. 

Section 2: Women are banned from voting. 


Section 2 would be a violation of equal protection. So you would need to repeal that first. State supreme courts have struck down state constitutional amendments on this very basis.

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The constitution is dumb.

 

I'm pretty sure that if the founding fathers came back to life and (once the shock wore off) had some time to observe the modern world... they would all say that the constitution in it's current form is not doing the job it's supposed to be doing.

 

We should not be being ruled by a party that is supported by the minority of Americans.

 

FUCK THAT.

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Just now, Jason said:

Good thing there's nothing above the federal constitution. 


The constitution is still interpreted by the courts, and they can invalidate an amendment that is itself in violation of the constitution.

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2 minutes ago, sblfilms said:


The constitution is still interpreted by the courts, and they can invalidate an amendment that is itself in violation of the constitution.

 

As long as the correct procedure for passing an amendment was followed, it wouldn't be in violation of the constitution because it's now part of the constitution. It's simply not comparable to a state constitution having to stay within the boundaries set by the federal constitution. 

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1 minute ago, Jason said:

 

As long as the correct procedure for passing an amendment was followed, it wouldn't be in violation of the constitution because it's now part of the constitution. It's simply not comparable to a state constitution having to stay within the boundaries set by the federal constitution. 

I explicitly said state constitutional amendments have been struck down by state supreme courts on that same basis. The same would apply at the federal level if a court held such a philosophy, and being that it is a very widely held belief, I think it’s the most likely outcome if you somehow had a scenario in which a clearly unconstitutional amendment was ratified. 

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8 minutes ago, sblfilms said:


The constitution is still interpreted by the courts, and they can invalidate an amendment that is itself in violation of the constitution.

This is straight up bullshit.

 

If something appears contradictory then an interpretation that does not make two seemingly contradictory clauses contradict, and the courts would go with that decision. If not, then the more recent amendment holds as law. See the 17th amendment and compare to the original text of the constitution with regard to selection of senators. It's not directly repealing the original text, but it is regarded as repealing the original text

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1 minute ago, b_m_b_m_b_m said:

This is straight up bullshit.

 

If something appears contradictory then an interpretation that does not make two seemingly contradictory clauses contradict, and the courts would go with that decision. If not, then the more recent amendment holds as law. See the 17th amendment and compare to the original text of the constitution with regard to selection of senators. It's not directly repealing the original text, but it is regarded as repealing the original text


This is not the same, and more in line with the question of whether you could make the article five amendment that started this line of discussion. The 17th amendment is not in violation of the constitution, it is implicitly a repeal. The type of amendment I described would not implicitly repeal equal protection, it simply would violate it.

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