>>> dhenwood at panix.com 11/14/00 12:20PM >>>
Michael Hoover wrote:
>I generally don't mind being lbo potted plant but I've posted variation
>of below about three times to list in response to above...
I know you have; you're no potted plant. But the language seems very clear and unambiguous to me - I don't see how you get around it. Who's argued to the contrary?
((((((((((
CB: Here's the basic counter legal principle: a present legislature, lets say in the New York legislature, cannot bind all future N.Y legislatures on any issue. It doesn't matter if their language in the "binding" statute unambiguously says, "and no future legislature may change this law."
Similarly, the People , the population of the U.S. that passed the original Constitution, did not have the power to bind all future generations of the People on anything. The Constitution only rules the living generation of People by their consent ( even though that is in the Declaration of Independence , which is not law). The living generation have the theoretical and actual power to throw out any and all of the Constitution and legal pass if they choose.