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User Info So What About Kavanaugh?; entered at 2018-07-11 11:28:39
Posts: 354
Registered: 2011-03-24 Washington, DC
It can't be repealed.

To do so you would need the sitting Senate to literally vote itself out of a job. While there would likely be some percentage of the Senate that would be re-submitted by the state Legislatures in virtually all cases at least one of said Senators would not be.

I can be repealed, but it is likely as a snowball's chance in hell with most of the current Senators. Unless you invoke Article V:

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; 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.

Tougher way to get it done, but still valid. I think many state legislatures would love to get back some of the power they lost with the ratification of the 17th Amendment.

I am all for the 17th's repeal and that of the 16th.

2018-07-11 11:28:39