Unfortunately, it reduces the "constitutional" rights subject to it to merely trivial bumps in the road to legislative abolishment.  I doubt most citizens understand how large a portion of the federal "constitution" has no limiting effect except on certifiably psychotic legislators.   An empty right is no right at all. 
 
Why would anyone fight a revolutionary war in which thousands died and devote years to crafting a WRITTEN constitution if in the end it only limited the schemes of psychotics?  I never understood how so-called constitutional lawyers could just silently accept this.  I suppose that's why the first amendment (which has teeth) is where the action is in law journal articles.
 
***********************************************************************
Professor Joseph Olson     Hamline University School of Law
tel.   (651) 523-2142          St. Paul, Minnesota  55104-1284
fax.  (651) 523-2236          <[EMAIL PROTECTED]>

>>> [EMAIL PROTECTED] 10/27/03 11:10AM >>>
> In practice, the test sometimes become "a
> non-psychotic can imagine a relationship."
>
        Hehehe.  That's as good a statement of the practice as I've heard.  I'm gonna swipe that, unless there is objection.  And, yes (to continue the thread), that is indeed what I meant.

        Steve Russell

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