Joseph Carter <[EMAIL PROTECTED]> writes: > You can't because it ain't there. The only thing the constitution says > about any of this is that the secretary may make a decision. Apparently, > that decision need not be otherwise constitutional. I don't believe this > was intended. I don't believe it's right. And I'll be damned if I'm > going to simply ignore this precedent.
Oh, the secretary's decision can be overridden. You don't need to argue that it's unconstitutional, you just need to pass the relevant GR, or amendment, or whatever is appropriate, to cause the precedent to be overridden.