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To: Carry_Okie
My guess is that it was demanded by our creditors, those loving European nations that defined what constituted nationhood in order to loan us that money Mr. Hamilton wanted so desperately.

Yes, I think the nonwithstanding clause was written to reassure the rest of the world that the new, experimental government at Philadelphia could be relied on to keep its word.

The result is absurd, of course. A Constitution which is almost impossible to amend can be changed at will by the President and 2/3 of the Senate?

A treaty banning free speech is enforceable?

The Bricker Amendment debate covered a lot of this territory but couldn't be passed, even in the 1950s.

This will be an interesting ball to keep your eye on.

71 posted on 07/31/2006 2:51:04 AM PDT by Jim Noble (I say we take off and nuke the site from orbit - it's the only way to be sure.)
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To: Jim Noble
The result is absurd, of course. A Constitution which is almost impossible to amend can be changed at will by the President and 2/3 of the Senate?

Not even, 2/3 of "Senators present." When the Convention on Nature Protection was ratified, the Congressional Record contains no recount of a vote, a committe vote, or even a quorum. It's scary.

If you haven't read Hamilton's papering over of this detail in Federalist 75 in that light, it's worth the revisit.

75 posted on 07/31/2006 5:50:39 AM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: Jim Noble
BTW, thanks for the reference to the history of the Bricker amendment, yet another instance in which RINOs have been our downfall.
76 posted on 07/31/2006 5:54:14 AM PDT by Carry_Okie (There are people in power who are truly evil.)
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