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Pass a Constitutional Amendment Just to Show We Still Can

By  |  January 25, 2017, 01:17pm  |  @josh_hammer

I emphatically endorse this post by Mike Rappaport at the University of San Diego School of Law’s Originalism Blog:

…the constitutional amendment process is essential to originalism and to a desirable constitutional law….

At this point, it would be beneficial to pass a constitutional amendment, even if it is a minor one, just to show that the process can still function…

If I had my druthers, I would pass a broad constitutional amendment that cut back on lame duck actions following both presidential and congressional elections, but that probably could not pass.  So let’s just try a narrow one.

That we have drifted so far from the proper Article V means of amending the Constitution has only exacerbated the feedback loop of judicial empowerment and judicial supremacy.  Rappaport’s take here is smart.