If you could introduce a Constitutional Amendment What would it be (user search)
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  If you could introduce a Constitutional Amendment What would it be (search mode)
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Author Topic: If you could introduce a Constitutional Amendment What would it be  (Read 70163 times)
Idaho Conservative
BWP Conservative
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« on: January 20, 2020, 06:24:05 PM »

Reinstate the articles of confederation
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Idaho Conservative
BWP Conservative
Jr. Member
***
Posts: 1,234
United States


Political Matrix
E: -1.00, S: 6.00

« Reply #1 on: July 28, 2020, 12:29:02 PM »


I went down the rabbit hole last week and read some law school professor discussion about "when did the Constitution become law/when did the Articles of Confederation cease"?

I was wondering about this question of "do laws passed by the Continental Congress pre-Constitution still exist/still functional unless later explicitly overwritten?" I could not find a hard and fast answer, but read an article discussing the post-Civil War Supreme Court case regarding whether Texas left the Union or not/had a right to. The Justice that wrote the opinion declared no basing it on "perpetual Union". The phrase "perpetual Union" does not exist anywhere in the Constitution, but it does exist in the Articles of Confederation.

Therefore this Supreme Court case while not citing the Articles of Confederation explicitly provides a rare example of something decided that references the Articles of Confederation, meaning they are still in force where not superceded by the Constitution. One bit of that is clearly currently in force is Article I because the Constitution is completely silent:

"The stile of this confederacy shall be 'The United States of America'."
interesting, but my argument is replace the constitution with the articles.
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