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Old 06-27-2007, 12:00 PM
TomCollins TomCollins is offline
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Join Date: Jul 2003
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Default Re: Shock: IRS says 16th Amendment was Ratified

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The Supreme Court decided that the 16th Amendment is constitutional? How could a constitutional amendment possibly be unconstitutional?

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Not addressing this 16th Amendment issue specifically, but...there was another thread not too long ago where this sort of reasoning was put forth and, I believe, deflated, because...a law is constitutional or unconstitutional based upon merit, not on what the U.S. Supreme Court decides. SCOTUS is the final arbiter but that doesn't mean SCOTUS has to be correct. SCOTUS has reversed position on some matters although the law itself did not change. I forget the thread but it was an interesting discussion, and I believe the poster known as "She" cited and supported reasoning much better than I have done here, if you might care to look it up. SCOTUS deciding a law is constitutional doesn't make the law constitutional; it just means that that law has to be legally accepted as constitutional (for now).

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I agree with this. My point is just that all constitutional amendments must be constitutional by definition.

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This is incorrect. The 18th Amendment is Unconstitutional currently.
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