SSP: I recently canvassed the historical proposals for supermajority rule as a means of enforcing judicial restraint in "Thayerian Deference to Congress and Supreme Court Supermajority Rule: Lessons from the Past," 78 Indiana L J 73 (2003).  Best, Evan



At 03:05 PM 7/27/2003, Rick Duncan wrote:
My proposed amendment would provide that no law could
be declared unconstitutional except by a vote of 3/4
of the Court. This would ensure that duly enacted laws
are invalidated only by a solid consensus of the
Justices as to the law's unconstitutionality.

I would love to see the other responses to this
interesting thread.

Rick Duncan


--- Robert Bradley <[EMAIL PROTECTED]> wrote:
> Hello:
>
> Recently, I was asked a question that I thought some
> on this list might
> find interesting. If you were given the power to add
> a single amendment to
> the U.S. Constitution, what would it be and why?
> Responses can be sent
> directly to me at [EMAIL PROTECTED] Thanks.
>
> Bob


=====
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902

"Politics is not a bad profession. If you succeed there are many rewards, if you disgrace yourself you can always write a book." Ronald Reagan

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Evan Caminker
Dean-Designate, Associate Dean for Academic Affairs, and Professor
University of Michigan Law School
625 South State Street, Ann Arbor, MI  48109-1215
ph:  734-763-5695;  fax: 734-763-7415

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