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It is possible to propose an amendment...

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Lost-in-FL Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-09-08 10:56 PM
Original message
It is possible to propose an amendment...
banning religious organizations from proposing resolutions or amendments to the Constitution (State or Federal)?

I don't know much about Constitutional Law but is this even possible? Are church organizations protected? I would think the individual is protected but not institutions. Do you think it would be necessary to create such amendment? How powerful is the 1st Amendment against religious intrusion?

I know I am not making any sense here but it would be nice to stop this nonsense.
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enlightenment Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 01:42 AM
Response to Original message
1. Problem with that is that it's not enforceable.
Edited on Mon Nov-10-08 01:51 AM by enlightenment
In Nevada, for example (and Nevada's constitution is modeled on the California and New York constitutions) the process of initiative (for a new law or amendment, the latter or which requires two rounds of votes) and referendum (which modifies or removes an existing law, constitutional or otherwise) may be instituted by an individual, a group, or the legislature.

The procedure for both (and recall, also) begins with the petition process (from the citizenry) or a vote by the legislature (if it's coming from that direction).

So, say a law was passed banning religious organizations from proposing amendments. They wouldn't have to do it as a group - a member of the church - a citizen - could do it in their stead. They get what they want - the proposal - and no one can claim, legally, that they did it.

on edit: having just read this, I realise that the cold medication I took a little while ago has had an extremely detrimental impact on my already limited ability to communicate in written form. Sorry about that - I think I'd better go to bed . . .
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laconicsax Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 02:30 AM
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2. You can propose anything you like.
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skepticscott Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 10:51 PM
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3. Anything that can be written into law can
in theory be proposed as an amendment to the Constitution, with the explicit exception of anything that deprives states of their equal suffrage in the Senate. So what you propose COULD be done, but it would be overkill and would never pass in any case. A change to the tax law concerning political activity of non-profit organizations (which currently forbids endorsing or opposing parties or candidates in partisan elections but permits issue advocacy) is another possibility, but there is no clear government objective to be achieved by that.
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