Scalia and Ginsburg on Constitutional Amendments

There is an interesting short piece on Justices Scalia and Ginsburg and their views of constitutional amendments.  This short news story touches upon a variety of issues that I have discussed at this blog and in scholarship. Scalia writes "I certainly would not want a constitutional convention," Scalia told moderator Marvin Kalb. "Whoa! Who knows what would come out of it?" But, he explained, he once calculated what percentage of the population could prevent an amendment to the Constitution and found it was less than 2 percent. "It ought to be hard, but not that hard," Scalia said. The fear of a constitutional…

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Busting Through Our Dysfunctional Political Consensus With the Wisdom of Alexander Hamilton

For six-plus months, Greve, you’ve been yapping and yammering about the institutional causes of our political and economic malaise. Let’s say you’re right: what’s your solution?

I’m deeply suspicious of anyone bearing solutions (including myself), but here’s an idea:

Amendment XXVIII. For any fiscal year in which federal outlays exceed federal revenues, the IRS shall assess and collect a national head tax sufficient to cover the shortfall unless two-thirds of both houses of Congress vote to suspend the tax for that fiscal year.

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