Scalia's racial entitlement remark - Page 6 - TigerDroppings.com

Posted byMessage
UpToPar
LSU Fan
Baton Rouge
Member since Sep 2008
5957 posts

re: Scalia's racial entitlement remark


Let me make this clear. Whether a law is constitutional or not does not prevent a law from being passed. There have been many laws passed that violate amendments.

You are correct that that law would never pass though because it clearly violates the 13th amendment. There are many laws that are passed that are less clear, then at a later time, ruled unconstitutional. Just because the constitution says "congress can pass no law" does not actually mean that they can't pass the law, just that it will be ruled unconstitutional.






Back to top
trackfan
LSU Fan
Baton Rouge
Member since Sep 2010
17109 posts
 Online 

re: Scalia's racial entitlement remark


Laws have been passed that infringe upon amendments, but never in this nation's history has Congress tried to repeal an amendment by passing a law.





Back to top
UpToPar
LSU Fan
Baton Rouge
Member since Sep 2008
5957 posts

re: Scalia's racial entitlement remark


Okay, I see what you are saying. I thought you were implying that congress doesn't pass laws if they violate the constitution.





Back to top
  Replies (0)
texashorn
Member since May 2008
1514 posts

re: Scalia's racial entitlement remark


quote:

never in this nation's history has Congress tried to repeal an amendment by passing a law.

Congress can pass a resolution to in effect repeal an amendment by calling for a constitutional convention or for a vote by the state legislatures (both acceptable methods) to add another amendment to repeal the previous one.

Prohibition was repealed by the Twenty-First Amendment, but it was passed by state constitutional conventions (yet was originally proposed by Congress).

ETA: OK, I see your earlier post noting Prohibition, but would you not agree that if Congress passes a resolution to amend the Constitution, and enough state legislatures ratify the amendment, then in effect, Congress and the legislatures have indeed passed a law (resolution) to amend the Constitution?



This post was edited on 3/3 at 12:41 am


Back to top
  Replies (0)


Back to top