Can (a part of) the constitution be declared unconstitutional? (user search)
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April 18, 2024, 09:32:22 AM
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  Can (a part of) the constitution be declared unconstitutional? (search mode)
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Author Topic: Can (a part of) the constitution be declared unconstitutional?  (Read 1803 times)
FEMA Camp Administrator
Cathcon
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Posts: 27,299
United States


« on: April 18, 2019, 09:32:20 PM »

The Constitution is the highest law of the United States, but does the United States have absolute power? What if a Constitutional amendment authorized a holocaust? Are there not higher principles of law here? Do the people of the United States have the power to commit mass murder?

It would self evidently be the duty of external bodies or "non-legal actors" to try to prevent this.

If the US were to fall (either by external force or through revolution), any individual unjustly deprived of life, liberty, or property could theoretically bring suit under courts established by the revolution or by external powers. And I would think those courts would be free to revert to Common Law (as well as precedent set by other international courts and tribunals) for many remedies.

Similarly, it's self evident that, in situation of invasion or revolution, life, liberty, and property are more likely to be infringed upon than before.
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FEMA Camp Administrator
Cathcon
Atlas Star
*****
Posts: 27,299
United States


« Reply #1 on: April 19, 2019, 03:20:03 PM »

If the US were to fall (either by external force or through revolution), any individual unjustly deprived of life, liberty, or property could theoretically bring suit under courts established by the revolution or by external powers. And I would think those courts would be free to revert to Common Law (as well as precedent set by other international courts and tribunals) for many remedies.

Similarly, it's self evident that, in situation of invasion or revolution, life, liberty, and property are more likely to be infringed upon than before.

This is all purely hypothetical, of course. But history dictates that no Constitution or State is everlasting. The United States will eventually fall, either by external force or (much, much more likely in my opinion) from within. Whether that collapse results in a nightmare like Russia or France, or an evolution into a State or States that better protect liberty, such as England/Britain, depends on the characters of those revolutionaries.

That we as a nation have persisted under one Constitution for a quarter of a millennium is remarkable, but the United States didn't invent liberty*, and the struggle for liberty will continue with or without it.

*The notion is, in fact laughable given that this nation had as one of its founding principles the right to hold human beings as property, completely stripped of all the rights our revolution claimed were inalienable.
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I'm not referring to anything specific in the United States. Just that I would view the event of an invasion or revolution as likely resulting in less freedom rather than more. Even "liberal" revolutions can result in Terrors (France), and even invasions by democratic powers may fail to yield a great flowering of freedom (US->Vietnam, Iraq). The evolution you speak of now was not in your original point.

If we want to particularize it to the United States, we would have to ask the nature of the power to attack us or the force to overthrow us, and for the time being that is not likely to result in greater personal freedom.
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