View Single Post
  #8  
Old 06-27-2008, 07:23 AM
mertensv16 mertensv16 is offline
Practice Makes Perfect
 
Join Date: Feb 2008
Posts: 314
In addition to Lawdog's example of the 17th Amendment, consider the 12th Amendment, which changed the way the Vice President is elected. In the original text of the Constitution, the presidential candidate coming in second became the Vice President; per the 12th Amendment, however, the VP is separately selected by the electors.

Also consider Article IV, Section 2, Clause 3 (known as the Fugitive Slave Clause), which clearly contemplates the institution of slavery. This obviously conflicts with the 13th Amendment, which abolished slavery.

So unless you believe that as a legal matter John Kerry is the real Vice President or that slavery is still legal, drop the erroneous notion that an amendment to the Constitution can't supersede a provision of the original text. That isn't and never has been the law.
Reply With Quote