38 states acting together could repeal the Constitution. They could kick out the 12 non ratifiers and form a new American Republic. Its not self enforcing if the courts and legislature don't want to enforce it. In 1861 the legislature enforced it and the Executive had what it needed to enforce it.The Vague and Ambiguous US Constitution
It is up to us, the living to decide the path foward not the dead founding fathers in whose time only propertied white men were deamed worthy of being the pubic in republic, the decision makers.
By David K. Sutton (from The Left Call)If there is one “original intent” we know of the Founding Fathers it is that they wrote the constitution intentionally vague. This is an important distinction to understand. What is or isn’t constitutional is decided by the judicial branch. This is because most legislative provisions simply are not mentioned in the constitution, therefore it is up to the judicial branch to interpret the words of the constitution, if these provisions face legal challenge.E.J. Dionne reminds us of the preamble to the United States Constitution. It reads:We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.Dionne reminds us of the importance of those first few words, “We the People.” It is up to us to decide the path of this great country. It is no longer in the hands of the Founding Fathers. They crafted a framework that we can build on to move the country forward. This is why those who subscribe to an ideology of strict original intent have it wrong. The only intent we can ascertain is from the written text of a purposely vague document, the constitution. Beyond that it is up to “We the People” to make the country adapt and work better for all citizens as times change “in Order to form a more perfect Union.” There was no original intent when it comes to ... any number of important issues that we now face. If we get bogged down in arguments over original intent we ironically lose sight of the real original intent.