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I don't think this is an important point. There's no law allowing it. If the "government" wanted something enough, they could get a supermajority together in
by bpodgursky 5y ago
I don't think this is an important point. There's no law allowing it.
If the "government" wanted something enough, they could get a supermajority together in congress and amend the constitution to make literally anything legal. But they haven't, in this case, done so.
- ananonymoususer 5y agoYou are forgetting about the (often ignored) Tenth Amendment.
- bpodgursky 5y agoCongress could eliminate the tenth amendment anytime it had a supermajority... there's no clause in the constitution that cannot be amended.
- ananonymoususer 5y agoI'm not sure such a proposal would fly. It would be overtly acknowledging the policy shift toward a federal power grab. There would be some resistance and perhaps even some re-balancing of federal/state powers in the end. As long as the Tenth is there, it is part of the constitution which all elected officials have sworn an oath to uphold.
- flenserboy 5y agoNot by itself. It must go through the States via the ratification process. https://www.archives.gov/federal-register/constitution https://www.archives.gov/federal-register/constitution