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They can (and generally do) alter the meaning of the original Constitution, including the Exceptions Clause.
Jurisdiction stripping is the new constitutional amendment, and the Exceptions Clause is the new Article V.
This Article advances that understanding by exploring the connections between the amendment process and the Exceptions Clause, illuminating the meaning, impact, and limits of each.
By doing so, this Article thickens and supports the external constraints theory of Congress's Exceptions Clause power, and may help shed light on two of legal academia's central quests: clarifying the meaning of constitutional amendment and finding limits on the Exceptions Clause.
In order to properly identify constraints on the Exceptions Clause, courts and scholars must first have a robust understanding of how constitutional amendments impact and alter provisions of the existing Constitution.
The second Part of the Article applies this amendment theory to the Exceptions Clause, analyzing the degree to which subsequent amendments have implicitly altered the power it gives Congress over federal jurisdiction.
Similar(47)
In 1993, the French coaxed the European Union into adding a "cultural exception" clause to its commercial treaties exempting cultural products, high or low, from normal free-trade rules.
And perhaps most popularly, in 2016, the acclaimed Oscar-nominated documentary "13th," directed by Ava DuVernay, traced the exception clause from the era of convict leasing after the Civil War — when prisoners were forced to work for private plantation owners — to today's system of mass incarceration and prison labor.
Now if a rule forbidding stealing, for example, has exception clause after exception clause after exception clause tacked on to it, the rule with all these exception clauses will provide too much opportunity for temptation to convince agents that one of the exception clauses applies, when in fact stealing would be advantageous to the agent.
The exception clause for PCPs in the CLP Regulation does not go in line with a decent RC.
This could be because they have revised the content of the moral principle to create an exception clause for this one kind of situation.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com