Tuesday, January 10, 2006

Martin's pump fake

While PMPM's plan to amend the Constitution so as to prevent federal use of the notwithstanding clause made plenty of noise last night, let's not miss the fact that the amendment would be of essentially no practical effect. The same process which Martin would supposedly use to outlaw federal use of the clause (presumably under s. 44 of the Constitution Act, 1982) would be reversible at any time by another vote of Parliament if any government so saw fit.

Moreover, it's hard to see how any vote to overturn the proposed amendment would be substantially more controversial than the use of the notwithstanding clause itself. Which makes the plan just one more empty Liberal symbol masquerading as meaningful policy.

Martin's gambit has done plenty to distract some pundits. But the policy would do nothing at all to advance any practical cause, and it's well past time to redirect our attention to what's actually going on in the game.

(Edit: typo.)

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