thie.me | Jens Thieme views and discussions

thie.me | Jens Thieme views and discussions

thie.me | Jens Thieme views and discussions

Filtering by Tag: US Constitution

Will Team Trump Find the Gödel Loophole?

Gödel’s loophole: the amendment procedures set forth in Article V of the U.S. Constitution apply to the constitutional statements in Article V themselves.
In addition, not only may Article V itself be amended, but also it may be amended in an upward or downward direction.
Lastly, the Gödelian problem of self-amendment or anti-entrenchment is unsolvable - which is, to say it mildly: scary a.f.

The United States of America as a Dictatorship - Enabled by the Gödel Loophole?

The president's total power as Commander in Chief of the Armed Forces under Article II, Section 2 of the U.S. constitution might very well have prevented a dictatorship during war times and some people argue that this power might as well be abused by a narcissist egomaniac beyond bloodshed periods.

However, there might just be enough deeply constitutional republicans in both state legislatures and the congress to be aghast at that prospect.

The danger of the United States of America to be stripped of democratic foundations like the separation of power and ultimately to be morphed into a dictatorship, might come from a seemingly unlikely place: the Constitution, more precisely Article V, itself!

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eightshall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

One thing the article lacks is a clause exempting itself from being amended, meaning the Constitution could be entirely rewritten if someone managed to amend Article V. Currently, it takes a two-thirds majority of votes both in Congress and among the states to change anything about the document, but if one party could ever get those numbers for even a second, they could vote to change about anything (Gödel’s loophole).

And even if lawmakers carried their concerns to the supreme court - with recent SC appointments and the 85th United States Attorney General as the president’s puppy dog - the outcome could result in either or both: an unresolvable constitutional crisis or flat out civil conflict.

Question being now: is team Trump strategically looking to find and exploit Gödel’s loophole and is the U.S. civil society prepared and willing to intervene?