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10-13-2020, 11:15 AM
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#1
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Librocubicularist
Join Date: Jun 2010
Location: Ohio
Posts: 10,466
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Constitutional Amendment
Should SCOTUS reverse Roe v. Wade then I think the passage of a Constitution Amendment legalizing abortion is a possibility. I base this on the following. - Opposition to abortion is primarily religious.
- Religion is declining in the U.S.
- Teen pregnancies are less among the non-religious.
- I conclude that ultimately the question is non-partisan.
- Therefore there is a good possibility that such and amendment could pass both houses of Congress and be Ratified.
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Sapere aude
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10-13-2020, 12:30 PM
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#2
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Just another Facist
Join Date: Mar 2002
Location: Now in Houston
Posts: 52,796
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You’re a barrel of laughs
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WE ARE THE DUMBEST COUNTRY ON THE PLANET!
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10-13-2020, 12:36 PM
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#3
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Registered User
Join Date: Oct 2001
Posts: 46,883
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Quote:
Originally Posted by JustRalph
You’re a barrel of laughs
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A loud empty barrel at that...
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Consistent profits can only be made on the basis of analysis that is far from obvious to the majority. - anonymous guru
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10-13-2020, 12:43 PM
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#4
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$2 Showbettor
Join Date: Dec 2013
Location: The Villages
Posts: 2,578
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It would be nice if Congress could settle this stuff on their own without depending on the SCOTUS to.
But it seems that is the way our nation has always worked, e.g., the Dred-Scott decision.
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10-13-2020, 12:48 PM
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#5
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Registered User
Join Date: Oct 2001
Posts: 46,883
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Quote:
Originally Posted by Redboard
It would be nice if Congress could settle this stuff on their own without depending on the SCOTUS to.
But it seems that is the way our nation has always worked, e.g., the Dred-Scott decision.
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Congress is filled cowards! So many members would prefer that the high court do the heavy lifting for them so that politicians can avoid political fallout.
__________________
Consistent profits can only be made on the basis of analysis that is far from obvious to the majority. - anonymous guru
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10-13-2020, 01:24 PM
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#6
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Registered User
Join Date: Jun 2008
Posts: 10,171
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Quote:
Originally Posted by Actor
Should SCOTUS reverse Roe v. Wade then I think the passage of a Constitution Amendment legalizing abortion is a possibility. I base this on the following. - Opposition to abortion is primarily religious.
- Religion is declining in the U.S.
- Teen pregnancies are less among the non-religious.
- I conclude that ultimately the question is non-partisan.
- Therefore there is a good possibility that such and amendment could pass both houses of Congress and be Ratified.
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Requirements for a constitutional amendment:
The Constitution requires that for the proposed amendment to pass, each house of Congress must pass it with a two-thirds majority.
If that happens, the amendment is then sent to state legislatures for their approval. Here again, another, even larger supermajority is required: Three-fourths of all state legislatures must vote to approve the proposed amendment before it is considered ratified and added to the Constitution. This means that only 13 states can block a proposed amendment from being ratified.
Good luck with getting that amendment past Congress and then past 38 state legislatures.
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10-13-2020, 01:37 PM
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#7
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Librocubicularist
Join Date: Jun 2010
Location: Ohio
Posts: 10,466
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Quote:
Originally Posted by tucker6
Requirements for a constitutional amendment:
The Constitution requires that for the proposed amendment to pass, each house of Congress must pass it with a two-thirds majority.
If that happens, the amendment is then sent to state legislatures for their approval. Here again, another, even larger supermajority is required: Three-fourths of all state legislatures must vote to approve the proposed amendment before it is considered ratified and added to the Constitution. This means that only 13 states can block a proposed amendment from being ratified.
Good luck with getting that amendment past Congress and then past 38 state legislatures.
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Right. I looked into that before posting.
I think that most Americans want abortion on demand. I also do not think SCOTUS will overturn Roe v. Wade, but it could happen.
I also do not think such a amendment would pass quickly. But if the people want it they will eventually get it. How long did the prohibition amendment last? About 12 years (if memory serves). The bottom line is that this is something most Americans want and in the long run politicians who refuse to give it to them or who try to take it away from them do so at their peril.
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Sapere aude
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10-13-2020, 01:40 PM
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#8
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Librocubicularist
Join Date: Jun 2010
Location: Ohio
Posts: 10,466
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Quote:
Originally Posted by Redboard
It would be nice if Congress could settle this stuff on their own without depending on the SCOTUS to.
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That's not the way it works. Read the Constitution. SCOTUS can invalidate anything Congress does.
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Sapere aude
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10-13-2020, 02:29 PM
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#9
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PA Steward
Join Date: Mar 2001
Location: Del Boca Vista
Posts: 88,632
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As far as I have heard, there is no pending case anywhere challenging Roe v Wade.
There actually has to be a CASE in EXISTENCE for there to be a CHANCE it gets to the SUPREME COURT...or don't you understand this?
So, I'm not quite sure why Democrats are in such a panic.
More fake news I suppose.
Sounds to me, during these hearings at least, they are panicking about Obamacare more than abortion.
Then again, Harris seemingly wants to Obamacare out of existence with her support for Medicare for All...so I guess she doesn't like Obamacare either.
Last edited by PaceAdvantage; 10-13-2020 at 02:53 PM.
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10-13-2020, 02:47 PM
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#10
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Registered User
Join Date: Oct 2001
Posts: 46,883
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Quote:
Originally Posted by Actor
Right. I looked into that before posting.
I think that most Americans want abortion on demand. I also do not think SCOTUS will overturn Roe v. Wade, but it could happen.
I also do not think such a amendment would pass quickly. But if the people want it they will eventually get it. How long did the prohibition amendment last? About 12 years (if memory serves). The bottom line is that this is something most Americans want and in the long run politicians who refuse to give it to them or who try to take it away from them do so at their peril.
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If so, not by much at all. America has been pretty much divided on this issue, historically. It would take an overwhelming majority for an amendment to pass.
https://news.gallup.com/poll/244709/...ic-tables.aspx
https://www.dailysignal.com/2019/02/...fe-poll-finds/
__________________
Consistent profits can only be made on the basis of analysis that is far from obvious to the majority. - anonymous guru
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10-13-2020, 02:58 PM
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#11
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Registered User
Join Date: May 2011
Posts: 22,649
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yes, but most of the Americans Actor knows want abortion on demand ... all the way until 10 minutes post-partum
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10-13-2020, 03:10 PM
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#12
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Resurrectionist
Join Date: Jan 2017
Location: Cheyenne, Wy
Posts: 3,615
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Most Americans are murderers? Is that what was stated? The stupidity associated with that statement is astronomical.
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Battle is the most magnificent competition in which a human being can indulge. It brings out all that is best; it removes all that is base. All men are afraid in battle. The coward is the one who lets his fear overcome his sense of duty. Duty is the essence of manhood.
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10-13-2020, 05:20 PM
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#13
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Librocubicularist
Join Date: Jun 2010
Location: Ohio
Posts: 10,466
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Quote:
Originally Posted by PaceAdvantage
As far as I have heard, there is no pending case anywhere challenging Roe v Wade.
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Not directly. I think there is a case on the court's agenda regarding a state law limiting access to abortion. These kinds of cases have come up before and I suppose will come again in the future.
Quote:
Originally Posted by PaceAdvantage
There actually has to be a CASE in EXISTENCE for there to be a CHANCE it gets to the SUPREME COURT...or don't you understand this?
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I do.
Quote:
Originally Posted by PaceAdvantage
Sounds to me, during these hearings at least, they are panicking about Obamacare more than abortion.
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Agreed. Their concerns about Roe v. Wade are anticipatory.
Quote:
Originally Posted by PaceAdvantage
Then again, Harris seemingly wants to Obamacare out of existence with her support for Medicare for All...so I guess she doesn't like Obamacare either.
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The previous challenge to the ACA (Obamacare) was overruled by SCOTUS as an exercise in Congress' power to tax. I think the democrats see Medicare for All as being less vulnerable to legal challenge since they could word Medicare for ALL in exactly those terms. The court has previously said that Social Security withholding is a tax and Social Security benefits are gift from Congress. Medicare and Social Security are historically linked. Thus any legal challenge to Medicare for All would have to address not only the decision of the Roberts court but the decision of the Warren court as well.
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Sapere aude
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10-13-2020, 05:31 PM
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#14
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Librocubicularist
Join Date: Jun 2010
Location: Ohio
Posts: 10,466
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Quote:
Originally Posted by davew
yes, but most of the Americans Actor knows want abortion on demand ... all the way until 10 minutes post-partum
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Actually just the opposite. Most people I know (all Americans) are pro-life.
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Sapere aude
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10-13-2020, 06:08 PM
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#15
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$2 Showbettor
Join Date: Dec 2013
Location: The Villages
Posts: 2,578
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Quote:
Originally Posted by Actor
That's not the way it works. Read the Constitution. SCOTUS can invalidate anything Congress does.
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The SCOTUS can rule a federal/state law or policy unconstitutional, but they can't rule a constitutional amendment unconstitutional.
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