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Thread: Amending the US constitiution

  1. #1
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    Default Amending the US constitiution

    Question, are there some fundamental rights guaranteed by the constitution that CANNOT be ammended even when the requisisite formalities (like 2/3rds of both houses) are met? Like say the right to bare arms (or whatever the right is). Or can every single clause of the constitution be altered? IIRC I read somewhere or heard somewhere that the voting weights of each states cannot under no cirumstances be changed. Is this true?

    I'm googling it but it's taking ages. So if anyone knows much appreciated.

    Edit found: " Furthermore, the Constitution precludes Congress from depriving a state of equal representation in the Senate (vide infra) without its consent."
    Last edited by RXP; 11-14-2004 at 04:43 AM.
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  2. #2
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    Cheers for the responce. As I learnt later anything can indeed be amended. I'm not quite sure why my american jurisprudence professor said some things can't I'll have to ask him about that.

    I find the power of your Supreme Court to be quite amazing though. Our courts can't strike down legislation. The closest they come is to issue a declaration of incompatabilty under the Human Rights ACt 1998
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  3. #3
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    Seperation of powers have been broken in our country for hundreds of years with the Lord Chancellors office which only got reformed recently.
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    Such as the judicial hearings about to take place on the disgusting patriot act?
    This act was bought about in the wrong circumstances and allows the wrong rights to the wrong people.

    Being a cynic i cant see the judges stopping this act.

  5. #5
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    Quote Originally Posted by RXP
    Question, are there some fundamental rights guaranteed by the constitution that CANNOT be ammended even when the requisisite formalities (like 2/3rds of both houses) are met? Like say the right to bare arms (or whatever the right is). Or can every single clause of the constitution be altered? IIRC I read somewhere or heard somewhere that the voting weights of each states cannot under no cirumstances be changed. Is this true?

    I'm googling it but it's taking ages. So if anyone knows much appreciated.

    Edit found: " Furthermore, the Constitution precludes Congress from depriving a state of equal representation in the Senate (vide infra) without its consent."
    I remember learning in school that there's certian parts of the constitution that they can't change. I'm not sure which parts, though. I think it's the first 10 ammendments. I know the first 10 is the bill of rights.

  6. #6
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    we cannot change constitution because it is gods will that it is there

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    I told my yank professor that he was wrong and he said no Article 5 can't be changed. Gotta look some shit up. 1565, care to give me a nice little snippet quote?
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    Ah sounds a lot like Hart's "rule of recognition" from Jurisprudence (legal philosphy) i.e. something that is 'pre-legal' or 'meta legal'. It just simply comes from no where. It's just accepted? Like whatever the Queen in Parliament enacts is law. She has no legal authority for that it's just accepted?

    Hmm paradoxes are always awesome to put into essays an argue away. I'll have to do some more research into it.
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  9. #9
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    Quote Originally Posted by RXP
    the right to bare arms
    Those fascist swine will get my short-sleeved shirts when they pry them out of my cold, dead hands!!
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  10. #10
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    Red face can be...

    As several constitutions, we have what we call "cláusulas pétreas", which means... stony clauses in immediate translation from portuguese.
    Some rules, like the article 60 of the Brazilian Constitution cannot be altered at all, this is to guarantee some rights... and some estability of the system.
    So, I am sure the USA also has those clauses; I don´t know the name and the translation in English, but it is just a fact they cannot be altered at all.
    Last edited by acgc2002; 11-22-2004 at 10:55 AM.

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