On Thu, May 7, 2009 at 8:42 PM, Ian Kelly <ian.g.ke...@gmail.com> wrote: > On Thu, May 7, 2009 at 6:23 PM, comex <com...@gmail.com> wrote: >> Another option is that, in order to interpret the Rules at any >> particular instant, we should use the guidelines specified in the >> /last/ instant. Thus at the moment a problematic low-power rule is >> enacted, we use the rules from a moment ago that state high-powered >> rules take precedence over low-powered rules. Therefore, the >> high-power precedence rule takes precedence over the problematic one, >> and therefore high-powered rules take precedence over low-powered >> rules-- so we're safe for the next instant as well, and the next and >> the next. >> >> This is sure convenient, but what tells us to use such a relatively >> odd rule? And what happens at the start of the game, when there is no >> previous instant to fall back on? > > Nomic is supposed to be a legal simulation, so try another analogy. > Suppose the U.S. Congress enacted a bill stating that bills enacted by > Congress take precedence over the Constitution. What do you think > would happen?
Nothing, because the President agrees to preserve, protect and defend-- and sovereignty is traditionally considered to, vested in the people, uphold-- the Constitution of the United States. The Constitution, in turn, grants Congress the authority to make various laws, although this authority is limited and the Supreme Court can strike down laws as unconstitutional. This is very much like the situation with contracts-- contracts have only the authority explicitly vested in them by the rules, and cannot take more whatever they say. However, the Constitution does NOT consider laws enacted by Congress to be "low-powered clauses" or something of that sort which is where the ambiguity comes in.
