Old Post: This is a continuation of the discussion here.
Doc Rampage lists his answers to my objections. He makes some good points, although I don't think his response to the political question of the Brown test is as strong as he thinks. Yes, it is probably possible to make a case that the Brown decision is solid on Constitutional grounds even with this amendment in place, but politically that matters less than the public perception, and I think that those who will oppose this amendment can raise serious enough doubts about what the Brown ruling would have been if the justices had been constrained by this amendment that it will have a hard time passing.
He also says he's uncomfortable discussing this matter too much where real experts on the law such as Glenn Reynolds and Eugene Volokh can comment on our ignorance. Heh, I thought that was the point. To get them to comment, that is.