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by PaulDavisThe1st
858 days ago
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You cannot use that process for constitutional questions. Consider the dispute in the USA over the correct intepretation of the 2nd Amendment. A state (such as NY) implements legislation embodying that state's interpretation of the amendment. SCOTUS rules that the legislation in fact violates the amendment. No change is possible until the constitution is changed ... or the composition of the SCOTUS is modified, and a new court decides that stare decisis is not relevant, which leads to a different type of change to the constitution: interpretation. The only way to change the actual text of the constitution is to change the constitution, and that does not require consensus, just a super-majority. |
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