this post was submitted on 25 Feb 2024
169 points (93.8% liked)

No Stupid Questions

35393 readers
8 users here now

No such thing. Ask away!

!nostupidquestions is a community dedicated to being helpful and answering each others' questions on various topics.

The rules for posting and commenting, besides the rules defined here for lemmy.world, are as follows:

Rules (interactive)


Rule 1- All posts must be legitimate questions. All post titles must include a question.

All posts must be legitimate questions, and all post titles must include a question. Questions that are joke or trolling questions, memes, song lyrics as title, etc. are not allowed here. See Rule 6 for all exceptions.



Rule 2- Your question subject cannot be illegal or NSFW material.

Your question subject cannot be illegal or NSFW material. You will be warned first, banned second.



Rule 3- Do not seek mental, medical and professional help here.

Do not seek mental, medical and professional help here. Breaking this rule will not get you or your post removed, but it will put you at risk, and possibly in danger.



Rule 4- No self promotion or upvote-farming of any kind.

That's it.



Rule 5- No baiting or sealioning or promoting an agenda.

Questions which, instead of being of an innocuous nature, are specifically intended (based on reports and in the opinion of our crack moderation team) to bait users into ideological wars on charged political topics will be removed and the authors warned - or banned - depending on severity.



Rule 6- Regarding META posts and joke questions.

Provided it is about the community itself, you may post non-question posts using the [META] tag on your post title.

On fridays, you are allowed to post meme and troll questions, on the condition that it's in text format only, and conforms with our other rules. These posts MUST include the [NSQ Friday] tag in their title.

If you post a serious question on friday and are looking only for legitimate answers, then please include the [Serious] tag on your post. Irrelevant replies will then be removed by moderators.



Rule 7- You can't intentionally annoy, mock, or harass other members.

If you intentionally annoy, mock, harass, or discriminate against any individual member, you will be removed.

Likewise, if you are a member, sympathiser or a resemblant of a movement that is known to largely hate, mock, discriminate against, and/or want to take lives of a group of people, and you were provably vocal about your hate, then you will be banned on sight.



Rule 8- All comments should try to stay relevant to their parent content.



Rule 9- Reposts from other platforms are not allowed.

Let everyone have their own content.



Rule 10- Majority of bots aren't allowed to participate here.



Credits

Our breathtaking icon was bestowed upon us by @Cevilia!

The greatest banner of all time: by @TheOneWithTheHair!

founded 1 year ago
MODERATORS
 

A loud minority of Texans call for Independence, which is not really possible as far as I know, BUT could the Rest of the USA just kick another state (Not necessary Texas) out? Or is this also not possible?

you are viewing a single comment's thread
view the rest of the comments
[–] bitcrafter 3 points 9 months ago (2 children)

Except for denying a state equal representation on the Senate without its consent; the Constitution explicitlyforbids that.

[–] [email protected] 14 points 9 months ago (1 children)

And yet that provision is itself still part of the constitution so really an amendment just needs to have an initial sentence to override that limitation first. If there’s actually support for a change, anything can be changed.

[–] bitcrafter 3 points 9 months ago (2 children)

If it were really so easy to bypass that restriction, then what was the point of putting that sentence in in the first place?

[–] [email protected] 6 points 9 months ago* (last edited 9 months ago) (1 children)

Because Congress has wide latitude to set its own membership by passing laws to that effect. The size of the House, for instance, used to increase on every Census, until Congress passed a law to fix it at 435. (A huge mistake, IMHO, and part of the reason why our politics are so wacky today.)

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.

[–] bitcrafter -1 points 9 months ago (1 children)

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.

[–] [email protected] 3 points 9 months ago (1 children)

No, you don't get my point, if that specific clause weren't in the Constitution then Congress could enact a law to change how the Senate is constructed. The clause serves a purpose, even if it can be itself changed via amendment.

[–] bitcrafter 1 points 9 months ago

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?

[–] [email protected] 5 points 9 months ago (1 children)

Because it's not easy to amend the Constitution.

[–] bitcrafter 2 points 9 months ago (1 children)

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.

[–] [email protected] 2 points 9 months ago (1 children)

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. For what it’s worth, I advocate for the full abolition of the Senate. It’s an anti-democratic institution. There’s no way to fix it without making it a clone of the House so let’s just do away with it entirely.

[–] bitcrafter 1 points 9 months ago (1 children)

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.

[–] [email protected] 1 points 9 months ago (1 children)

it is worded incredibly clearly and explicitly as a prohibition

And yet it’s inherently non-operative. I’m unconcerned with how it was intended since that’s totally irrelevant to what it actually is.

[–] bitcrafter 1 points 9 months ago (1 children)

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.

[–] [email protected] 1 points 9 months ago (1 children)

Then why did you waste time describing what you believed was the intention behind it earlier when you said

I never said that was the intention. I said that's what I think of it as. In practice all it does is underline a point. These same people also totally screwed up how we chose the president and vice president and failed to provide a proper mechanism for replacing a dead president.

horribly incompetent at writing legal language

Horribly incompetent? No. Flawless, or even particularly prescient? No. They got a lot of big stuff right; they got a whole lot wrong.

[–] bitcrafter 1 points 9 months ago

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?

[–] [email protected] 4 points 9 months ago (1 children)

Any amendment to the Constitution to show secession or for a state to be removed would obviously change that, too.

[–] bitcrafter 1 points 9 months ago

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.