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To: freeeee
Mere legislation is inferior to constitutional directives. Once upon a time, conservatives knew that.

Doesn't the Constitution allow the Supreme Court to make that determination?

52 posted on 06/14/2002 11:23:09 AM PDT by SunStar
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To: SunStar
Doesn't the Constitution allow the Supreme Court to make that determination?

No. Amendments are covered by article V, and nowhere does Article V list SCOTUS as being able to amend the Constitution.

Article. V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Conservatives used to decry judicial activism. But as ususal, when it suits their purposes....

60 posted on 06/14/2002 11:31:41 AM PDT by freeeee
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