Personally, I like to plant gardens that help out natural pollinators in order to change the bees that I want to see in the world.
Personally, I like to plant gardens that help out natural pollinators in order to change the bees that I want to see in the world.
Horribly incompetent? No. Flawless, or even particularly prescient? No. They got a lot of big stuff right; they got a whole lot wrong.
So just to be clear: you think that this particular language was badly written because it is so easily bypassed?
If, as you say,
I’m unconcerned with how it was intended since that’s totally irrelevant to what it actually is.
Then why did you waste time describing what you believed was the intention behind it earlier when you said,
I think of it as a rhetorical flourish to emphasize the importance they placed on representing states rather than people.
Regardless, the other point that I made that you haven’t addressed still stands: they put that prohibition against banning the slave trade in there for a reason, and that reason was presumably not “as a rhetorical flourish”, so either the people who insisted that it be present were horribly incompetent at writing legal language that would preserve their own interests, or your personal opinion as to how Constitutional law works in this case is missing something important.
If the purpose of that clause were to restrict the kinds of laws that Congress can pass instead of the kinds of amendments that are allowed, then why does it appear in Article V, which relates to amendments, rather than Article I, which relates to Congress?
Indeed, the limitation in what can be amended is in practice totally powerless. I think of it as a rhetorical flourish to emphasize the importance they placed on representing states rather than people.
It isn’t worded as a “rhetorical flourish”; it is worded incredibly clearly and explicitly as a prohibition:
Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
In fact, taking your reasoning a step further: are you likewise arguing that when the prohibition against banning the slave trade prior to 1808 was included here, that it was also understood to be a “rhetorical flourish” with no teeth behind it? If so, then why did they go to so much trouble to put it in? It seems like a lot of wasted effort in that case.
This ensures that the Senate can never re-make itself to be anything other than the body with equal representation among states, unless the affected states also agree.
Yes, that is exactly my point: if this restriction could itself be eliminated through the amendment process, then it effectively does not exist.
Sure, but once there is enough determination to deprive a state of equal representation in the Senate that there are sufficient votes to amend the Constitution once in order to do this–which, as you have pointed out, is a very high bar–then it is no harder to go through the amendment process twice in order to first drop that sentence.
Sure, but obviously in that case it would no longer matter whether that state had Senators or not because it would no longer be subject to the laws of the U.S. government.
If it were really so easy to bypass that restriction, then what was the point of putting that sentence in in the first place?
Except for denying a state equal representation on the Senate without its consent; the Constitution explicitlyforbids that.
The founding fathers did not believe in universal suffrage; at the time only people who owned land could vote–to say nothing of even less privileged groups than that–and they were fine with that policy, in part because these were considered to be the people with the most skin in the game.
The resolution preferred by God himself.
I think that much of the disparity is explained by the fact that the Apple case was decided by a judge but the Google case was decided by a jury, so the people making the decisions had very different perspectives.
Also, because the decisions were so different despite the similarities between them, Google probably actually has a pretty good case it can make in the appeals process, so I wouldn’t consider this outcome to be the final word just yet.
As an introvert, I find the idea of participating in a lot more community events to be exhausting.