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70 points

FYI, this is how they are testing the water for future constitution modifications. If this happens, the flood gates will open.

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1 point

They don’t have the kind of support needed to ratify a constitutional amendment.

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0 points

True, but they’re seeing how far they can legislate from the bench. Unfortunately, there’s not many checks on the supreme court - they’re basically the mechanism for checks on the other two branches, so with the legislative branch deadlocked they have a ton of power.

They could interpret the 18th amendment to legalize slavery for undocumented immigrants if they wanted. They could rule that entering the county or out staying a visa is a crime, and that allows the state to impose a period of chattel slavery. And what recourse is there? If Congress can’t legislate otherwise, even the flimsiest of legal arguments could become de facto law, and the court could further empower the executive branch to act

The only option would be to hold a constitutional convention under article V with 2/3 of states on board, which seems unlikely at the moment… Ultimately, it’s probably the only legal fix for where we’re at right now

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1 point

Well, I never thought we’d be here, yet here we are.

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