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NOTE: This is my new primary account. My old account was AgentCOPP1, and I changed it because it was linked to a gamertag that I no longer use.
Posted by: MilitaryTheorist
Posted by: AgentCOP1
Apparantly you're just throwing irrelevant material around, such as the reconstruction acts. It was just a process to get the rebel states back into the union. How does that have anything to do with what we're talking about?
You know why the Reconstruction Act was passed, right? The Southern states initially were refusing to ratify the 14th Amendment after the civil war. Because of this, they effectively went in and removed the power of the state government; which was voted in by the people.
Because you seem to have trouble drawing simple conclusions, I'll spell this out for you. This, in effect, sets a precedence for the Federal government to ignore the wishes of the people if it impedes on the overall right's of the American people. Again, we go back to the Founding Father's fear of a mobocracy ruling America.
They draw this power from the political philosopher, John Locke. In his definition of the relationship between government and people, he says the government and people are entered into a social contract. According to this social contract, the people trade in some of their rights in order to order for security of rights. The government is obligated by their half of the social contract to protect the rights of their people above all else. Sometimes, this involves superseding what the majority wants.
Boom! Lawyer'd.
precedent=/=law
Who even told you that? If an amendment passes both houses of Congress AND the states, no one can stop it from being added to the constitution.
In addition, if the government declines the wishes of the people, all the people have to do is to wait for the term of their representatives to expire and then vote in someone who represents their ideals.
[Edited on 11.29.2012 8:24 PM PST]