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Back-of-a-Napkin Constitutionalism


I generally don’t pay a lot of attention to proposed constitutional amendments.   Given the near-impossibility of anything even mildly controversial surpassing the Article V barrier they’re just rube-running.   And for the wingnuttiest combination of normatively appalling and sheer unworkability it would be nearly impossible to surpass the Human Life Amendment, which remains part of the official Republican platform and if enacted would make abortion first degree murder in all 50 states.    But the latest proposed Balanced Budget Amendment definitely scores high on both the wingnuttery and unworkability axes.

…see also Bernstein.

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