Are some of the Constitutional Amendments Constitutional?

Question

The opposite of amend is repeal. There is no clause in Article V. that allows for the repeal of any part of the Constitution. How can you add to the constitution a clause that changes the principles?

Answer 1

All of the Amendments are by their very nature Constitutional and by the way we have in fact repealed an amendment that no longer served its purpose i.e. prohibition aka the 18th Amendment.

Answer 2

No need to specifically address it, that is why it isn't "there". First, look at the definition of "Amendment"...

"The act of changing for the better; improvement: “Society may sometimes show signs of repentance and amendment” (George G. Coulton).

A correction or alteration, as in a manuscript.

The process of formally altering or adding to a document or record.

A statement of such an alteration or addition: The 19th Amendment to the Constitution gave women the right to vote.""

The essence of a "repeal" is inclusive.

Second, look at the legal interpretation of an "Amendment"...

"in law, alteration of the provisions of a legal document. The term usually refers to the alteration of a statute or a constitution, but it is also applied in parliamentary law to proposed changes to a bill or motion under consideration, and in judicial procedure to the correction of errors. A statute may be amended by the passage of an act that is identified specifically as an amendment to it or by a new statute that renders some of its provisions nugatory. Written constitutions, however, for the most part must be amended by an exactly prescribed procedure. The Constitution of the United States, as provided in Article 5, may be amended when two thirds of each house of Congress approves a proposed amendment (approval by the president is not required), and three fourths of the states thereafter ratify it, sometimes within a set period. Congress decides whether state ratification shall be by vote of the legislatures or by popularly elected conventions. Only in the case of the Twenty-first Amendment (repealing prohibition) has the convention system been used. In many U.S. states, a proposed amendment to the state constitution must be submitted to the voters in a referendum."

Again, inclusive, so, the very idea of an Amendment being allowed, and even Mandated by the Constitution, recognises the necessity of a "repeal", as times change.

In essence, every Amendment has changed the Principles, a great site to see this is NARA, the 2nd link. Read the Constitution transcript... you shall changes in RED, many of which are "repeals" of specific portions.

EDIT: To add, the initial question is flawed, based on an incorrect perception ogf the word "Amend", to say the opposite is "repeal" is not only incorrect, but ignore the following...

"Thesaurus: amend

verb

To advance to a more desirable state: ameliorate, better, help, improve, meliorate, upgrade. See help/harm/harmless.

To make right what is wrong: correct, emend, mend, rectify, redress, reform, remedy, right. See correct/incorrect.

To prepare a new version of: emend, emendate, revamp, revise, rework, rewrite. See change/persist."

In other words, "to amend" actually includes "to repeal"... the sad thing is, such an error is what many folks base their "educated opinions" on!

Answer 3

Agreed, "We The People" need to stand up for our rights, re evaluate all of our laws or start fresh either way we need revolution now more than ever.  By allowing our government to walk all over us we have shown them we are weak and easily abused.  The whole world hates us because WE won't stand up for ourselves, it's time to earn some respect the hard way people!

Answer 4

All amendments are constitutional.

"The opposite of amend is repeal."

Nonsense. The opposite of amend is to leave alone, to leave be, to let stand.

We can add any amendment to the Constitution for any purpose, whether it is to state something new which had never been stated before or whether it is to change something that was already there.