Daily Archives: June 6, 2006

Grading the Amendment

If the proposed Constitutional amendment barring same-sex marriages were submitted on a law exam as an example of a model new amendment, how would it fare with the professor? Brooklyn Law School professor Jason Mazzone, who teaches Constitutional Law there, gives it the once over and concludes, among other things:

The amendment is obviously a rush job by a novice rather than a carefully drafted proposal by a seasoned constitutional lawyer.

Well, yeah. Here’s the whole grading report, complete with grade. I wouldn’t grade it so high, but then, I’m not one for grading on a curve.

Of course, in the real world, there’s a good reason this particular amendment is sloppily constructed. It’s not because the people who constructed it are morons (or at the very least, not just because), but because those who wrote it know it hasn’t a chance at passing, so the rhetoric is pitched toward the floor stompers who want their pet cause to get a nice head pat, rather than toward the Constitution in which it has almost no chance in residing.

Also, yeah, I’m pretty much done with this topic for a while. Unless the amendment somehow passes. Then I’ll be all, OMGWTF??!!?!??!?!?! Fortunately, I don’t think I’ll need to get real worked up about that.