General Question

flo's avatar

Does United States have something like a Notwithstanding Clause?

Asked by flo (13313points) April 4th, 2019
8 responses
“Great Question” (1points)

If so what is it called? If not why not?
http://tinyurl.com/yxgelnng (Google, notwithstanding clause, wikipedia)
https://www.thecanadianencyclopedia.ca/en/article/notwithstanding-clause

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Answers

flo's avatar

By “why not?”, I don’t mean it makes sense to have it, or that it doesn’t.

flo (13313points)“Great Answer” (0points)
Dutchess_III's avatar

From what I see it’s part of the Canadian constitution. I don’t think the US has anything comparable.

Dutchess_III (46825points)“Great Answer” (1points)
Response moderated (Unhelpful)
zenvelo's avatar

No, the US Constitution does not have an equivalent clause. The US actually has an opposite clause in the 10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

zenvelo (39430points)“Great Answer” (2points)
flo's avatar

@zenvelo What does it mean though?

flo (13313points)“Great Answer” (0points)
Dutchess_III's avatar

Thank you @zenvelo. Sounds to me like it means if it isn’t specifically covered in the constitution or in state law, it’s up to the people, @flo.

Dutchess_III (46825points)“Great Answer” (0points)
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