What happens if the first amendment is repealed? (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
May 25, 2024, 11:18:40 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  What happens if the first amendment is repealed? (search mode)
Pages: [1]
Author Topic: What happens if the first amendment is repealed?  (Read 1850 times)
Torie
Moderators
Atlas Legend
*****
Posts: 46,096
Ukraine


Political Matrix
E: -3.48, S: -4.70

« on: January 26, 2010, 11:36:54 PM »

Say the House and Senate and the States all vote to repeal the first amendment for some reason. Do we then lose any free speech, free assembly, etc. protections? Or are laws restricting these things still "unconstitutional", as they are our "inalienable rights" and all the first amendment does is make it absolutely clear that the government cannot trample them?

No, one provision is not supreme to another, and a specific provision cannot be erased based on more general language, particularly if the more specific provision is adopted later. That would in essence prevent the people from amending the Constitution if SCOTUS does not like it, which would really be akin to judicial tyranny. If the First Amendment is repealed however, I will decamp to Australia or England. I mean it.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.018 seconds with 12 queries.