The United States should adopt a verson of Canada's Notwithstanding Clause

Discussion in 'Political Opinions & Beliefs' started by Sackeshi, Oct 24, 2023.

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Do you support adding a Notwithstanding Clause to the constitution?

  1. Yes

    1 vote(s)
    50.0%
  2. No

    1 vote(s)
    50.0%
  1. Sackeshi

    Sackeshi Well-Known Member

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    The Canadian Clause

    Provision. 33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

    It can be overridden by disallowance from the national government but its never used.

    The American Amendment
    The State, Territorial, and District of Columbia Governments shall have the right to invoke the notwithstanding clause, when a law having been passed by the state legislature therein and is struck down by a federal judge, the state legislature may invoke said clause if the law is once again passed by a 2/3 majority stating, the notwithstanding clause is hereby invoked. The invocation of this passage shall remain active for 2 years or until the next legislative election whichever is further away.
     
  2. TheImmortal

    TheImmortal Well-Known Member

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    I would prefer for them to be able to do that with federal law as opposed to judicial results
     
  3. Sackeshi

    Sackeshi Well-Known Member

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    It's the same affect because a state can ignore the federal law and just invoke the clause once their law is stuck down
     

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