Well-Regulated Militias, and More

Charles Brown CharlesB at CNCL.ci.detroit.mi.us
Wed Nov 3 12:21:59 PST 1999


I said the Senate could be abolished. That would be treating all states equally in ACCORD with the provision you cite. Or you could change it to one Senator FOR EVERY STATE, which would be treating all equally, in accord with the provision.

The provision doesn't say the Senate must consist of two Senators from every state. It says all states must have the same number of Senators. If all have none, they all have the same number. If all have five, they all have the same number. Both of these would change the current composition of the Senate.

Finally, as Michael says, there is also an authoritative opinion that you can amend or repeal the provision you cite.

CB


>>> "Michael Hoover" <hoov at freenet.tlh.fl.us> 11/03/99 02:58PM >>>
> Charles Brown wrote:
> >No, ANY provision of the Constitution may be changed by the
> >Amendment provision. The Senate could be changed to one Senator from
> >every state, or 8 from every state. The Senate could be abolished.
>
> Um, here's what Article V of the sacred text says:
> no State, without its Consent, shall be deprived of
> its equal Suffrage in the Senate."
> That last clause sure sounds like it'd be impossible to abolish the
> Senate under the present Constitution.
> Doug

As with bunch of other stuff about the constitution, there's this 'interpretation' thing. Some consider above provision unamendable and others contend there are ways in which it can be changed, for example, repeal by amendment, and then another amendment could be adopted permitting 'unequal' representation in Senate. Re. latter happening, I wouldn't hold my breath. Michael Hoover



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