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> the people asked for this, right? No, not by sufficient margin. Even assuming every state would decide this direct question the same way as they did the Pre
by dllthomas 2y ago
> the people asked for this, right?
No, not by sufficient margin.
Even assuming every state would decide this direct question the same way as they did the Presidency this past election, a Constitutional amendment requires ratification by 38 states.
> The will of people is the ultimate judge, isn't it?
Ultimately it has to be, but not always in the moment. The bar to Constitutional amendment is high for a reason.
- kQq9oHeAz6wLLS 2y ago> No, not by sufficient margin. Honest question: would the margin have been sufficient if the outcome was reversed? Would you be understanding of their position if Republicans had the same feelings and ideas of resistance if roles were reversed?
- sjsdaiuasgdia 2y agoIllegal and unconstitutional executive overreach is what it is, regardless of party. I don't really envision a Democratic administration making a similar illegal and unconstitutional flurry of bullshit, but if they did, I would absolutely call them out on it.
- jakelazaroff 2y agoThe requirements to amend the Constitution are clear: a 2/3 supermajority in each chamber of Congress, followed by 3/4 states ratifying it. Neither chamber comes close to clearing that bar, let alone the state margins. So this discussion is pretty confusing to me, because the Trump administration objectively does not have the level of support you seem to think they do. Are you saying the incoming administration should get a little amendment as a treat? Are you just not aware of the procedure? Where’s the disconnect here?
- avmich 2y agoThe position of the devil's advocate is that the procedure is a little undemocratic - it prevents people to express their will, right? - and ought to be bent when it's really needed. Insert whatever justification here the interested side could plausibly produce.
- jakelazaroff 2y agoAnd like many devil’s advocate positions, it doesn’t make sense. Like, how exactly does the procedure prevent people from expressing their will? If there were truly popular support for DOGE, they would be able to conjure up the required votes in Congress and amongst the states. But they can’t, because that support doesn’t exist. You’re starting from the presupposition that this is “the people’s will”, but voter turnout was less than 2/3 and Trump only won a plurality of that. That’s not to say that he didn’t win, but you’re talking about whether we should amend the Constitution to satisfy less than a third of eligible voters.
- dllthomas 2y ago32 is less than 38, regardless of the political valence. On the grounds that I'm, y'know, human I will grant that I'd probably find myself filling in the details of where exactly the constitutional lines are drawn somewhat differently in line with my policy preferences, but the question wasn't whether this is within bounds of the Constitution, but whether we ought to (morally) consider the Constitution amended anyway because of the electoral victory. My answer to that will always be no - both because of the numbers and also because the election conflates a bunch of questions where ratification asks just the one question directly.