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DetroitLegalBeagle

(2,505 posts)

11. The Senate composition is unamendable

Tue Oct 29, 2024, 12:36 PM

Oct 2024

Article 5 specifically excludes modifying the Senate without consent of the States whose number of Senators wouldnt be equal.

....provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

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sarisataka Amishman

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The electoral college is 100% PURE BULLSHIT! [View all] garybeck Oct 2024 OP

Time to do away with it. republianmushroom Oct 2024 #1

Petition to eliminate Electoral College - actblue kerry-is-my-prez Oct 2024 #55

How does one rule the Constitution unconstitutional? sarisataka Oct 2024 #2

well. if there are two contradictory things in there, garybeck Oct 2024 #64

It is horrible. H2O Man Oct 2024 #84

Yeah there's no way we can get rid of the electoral college without an amendment. Initech Oct 2024 #104

..and there never will be Cirsium Oct 2024 #105

Technically, it can't be unconstitutional if it's part no_hypocrisy Oct 2024 #3

Perhaps by ruling that if each candidate receives an equal number of the popular vote then the EC kicks in in2herbs Oct 2024 #5

But that's not what the Constitution says. It would take an Amendment to do that, not a court decision. rsdsharp Oct 2024 #51

That is how an amendment would work. nt in2herbs Oct 2024 #65

Amendments aren't "ruling[s]." Court decisions are. rsdsharp Oct 2024 #66

The fundamental problem is that it IS constitutional. We need to amend the US Constitution to abolish it. Pacifist Patriot Oct 2024 #4

The Senate composition is unamendable DetroitLegalBeagle Oct 2024 #11

Thank you, this doesn't get said enough Amishman Oct 2024 #18

Equal should be replaced by equitable everywhere dickthegrouch Oct 2024 #19

You can not change the senate but you can work to balance things in the house. bottomofthehill Oct 2024 #81

What are the other unamendable provisions? dpibel Oct 2024 #25

We could hypothetically write and ratify a new constitution Jerry2144 Oct 2024 #28

You don't have to rewrite the Constitution to pass an amendment dpibel Oct 2024 #34

But when you factor in how old it isand how much things changed Jerry2144 Oct 2024 #46

let's write a new constitution after the MAGAts succeed from the Union, like they did last time Stardust Mirror Oct 2024 #82

There are 3 unamendable provisions written into the Constitution DetroitLegalBeagle Oct 2024 #62

proposed amendment lapfog_1 Oct 2024 #36

Damn! I've read a couple of really compelling articles about this by people who should know better. Pacifist Patriot Oct 2024 #39

Here's a possibility dpibel Oct 2024 #48

Actually it can be. Angleae Oct 2024 #59

Yes DetroitLegalBeagle Oct 2024 #63

Thank you for that clarification. Pacifist Patriot Oct 2024 #72

Well then the Senate will continue to be RW, radius777 Nov 2024 #111

True. - - - - also true , it's all been said before stopdiggin Oct 2024 #6

We're not one country Baggies Oct 2024 #7

What leverage do the small states have? dpibel Oct 2024 #9

The current situation has worked Baggies Oct 2024 #20

Trade for 32 of 32? Sure. dpibel Oct 2024 #23

Not entirely Baggies Oct 2024 #26

Objection. Nonresponsive. dpibel Oct 2024 #31

Pax Romana Baggies Oct 2024 #33

LOL dpibel Oct 2024 #35

Our system is designed Zeitghost Oct 2024 #70

The EC does that? dpibel Oct 2024 #73

Not by itself Zeitghost Oct 2024 #83

Explain for those of us who are slow dpibel Oct 2024 #86

this was all about the south and owning black people lapfog_1 Oct 2024 #37

WTF Skittles Oct 2024 #79

We are a federation of independent states. Cuthbert Allgood Oct 2024 #89

THEY NEED TO GET RID OF IT Skittles Oct 2024 #95

Rant on brother. maxsolomon Oct 2024 #8

The US far from unique in not directly electing its head of government Jose Garcia Oct 2024 #10

Unconstitutional, even though it is in the constitution ? MichMan Oct 2024 #12

the 87th Amendment. Citizens fee-fees shall not be hurt? WarGamer Oct 2024 #15

Can you kindly point me dpibel Oct 2024 #76

actually this happens all the time lapfog_1 Oct 2024 #41

That isn't at all the same MichMan Oct 2024 #56

much like Presidential immunity? lapfog_1 Oct 2024 #74

I remember my outrage when I first learned about the EC BWdem4life Oct 2024 #13

This is a very important point Metaphorical Oct 2024 #40

If the GOP saw an advantage in going towards proportional representation MichMan Oct 2024 #68

Got anything other than ad hominem? dpibel Oct 2024 #77

I rather doubt it Metaphorical Oct 2024 #106

I think baseball games should be decided by which team gets more home runs. WarGamer Oct 2024 #14

Win more innings, win the game, regardless of dvan Oct 2024 #16

You do know about MLB rules, right? dpibel Oct 2024 #29

The Constitution mandates that we use the system we have now Kaleva Oct 2024 #17

It's part of the Constitution Polybius Oct 2024 #21

Democracy- sarisataka Oct 2024 #22

This quote is not exactly an argument for minority rule dpibel Oct 2024 #45

I am not arguing for minority rule sarisataka Oct 2024 #54

You're misrepresenting the OP dpibel Oct 2024 #78

Keep it as it is manicdem Oct 2024 #24

"It's worked well" except for when it hasn't dpibel Oct 2024 #30

Which is way too often since 2000 JCMach1 Oct 2024 #32

It HAD a purpose for existing. That purpose has long passed. In It to Win It Oct 2024 #42

WTF Skittles Oct 2024 #98

K&R. Quite the Electoral Clown College ck4829 Oct 2024 #27

I have a question for all you constitutional law experts - TBF Oct 2024 #38

It's a Good Question Metaphorical Oct 2024 #57

Thank you for the explanation - TBF Oct 2024 #71

I don't see anyone saying the EC CAN'T be changed, just that it needs to be changed by contitutional kelly1mm Oct 2024 #93

If it was keeping Republicans from getting elected it would have doc03 Oct 2024 #43

And if it was keeping Republicans from getting elected, we would think it was sacrosanct. MichMan Oct 2024 #69

The reasons weren't so stupid in 1787 DFW Oct 2024 #44

Well said dpibel Oct 2024 #50

Feelings aside Ontheboundry Oct 2024 #47

Incantations dpibel Oct 2024 #53

Article 4 section 4 Ontheboundry Oct 2024 #60

I do not think dpibel Oct 2024 #75

It don't say 'republican' Ontheboundry Oct 2024 #107

Really, now? It do in my Constitution. dpibel Oct 2024 #108

It's a legacy from mollifying the southern slave states so they would join the union al bupp Oct 2024 #49

I couldn't agree more. raccoon Oct 2024 #52

Until things improve -- like old rubes pass on -- there is virtually no chance of removing EC. Sad, but way it is. Silent Type Oct 2024 #58

It was one of the dumbest ideas the creators decided Dem4life1234 Oct 2024 #61

people in the backwoods of Idaho have access to the same information we all do Skittles Oct 2024 #80

It really isn't Cuthbert Allgood Oct 2024 #90

That horse has departed dpibel Oct 2024 #96

But it's not dead Cuthbert Allgood Nov 2024 #109

Say what? dpibel Nov 2024 #110

I'm not saying it protects it; I'm saying it goes hand in hand. Cuthbert Allgood Nov 2024 #112

You do know I can read your words, right? dpibel Nov 2024 #113

Well Adam Smith's invisible hand sure is BS Blue Full Moon Oct 2024 #67

This has been gone over many times here at DU. It is 100% not unconstitutional and the only kelly1mm Oct 2024 #85

One more, as long as we're listing dpibel Oct 2024 #87

Thats an expanded (but not needed) #1. If 270 EC votes states agree to award their EC kelly1mm Oct 2024 #88

The only way Republicans would get on board for any reform to the EC or any method of reform that you outlined In It to Win It Oct 2024 #91

Agree that the R's are not on board. But that doesn't change the available options, does it? If you kelly1mm Oct 2024 #97

Not at all. I'm not disagreeing with you. In It to Win It Oct 2024 #99

Nor I with you then! Sorry for my confusion. NPV compact seems the only viable potential (not easy) option. nt kelly1mm Oct 2024 #102

You can not eliminate the electoral college...it would require a constitution amendment. Demsrule86 Oct 2024 #92

What needs to happen is for a Democrat to win the electoral college Jack Valentino Oct 2024 #94

Right. That's the only way they'll get on board. In It to Win It Oct 2024 #100

Back in the 1980's when they were winning the popular vote by large margins, Jack Valentino Oct 2024 #101

Once again, The Framers framed us. Hassler Oct 2024 #103