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Mass Incapacitation Rule:
Is It Constitutional?
“It is simply inconceivable that a Constitution
established to provide for the common defense' and 'promote the general
Welfare' would leave the nation unable to act in precisely the moment
of greatest peril. No constitutional amendment is required to enact the
proposed rule change because the Constitution as drafted permits the
Congress to ensure the preservation of government."
Walter Dellinger, Constitutional Scholar and former
Solicitor General of the United States at the Rules Committee Hearing
on Mass Incapacitation and the Continuity of Congress, April 29, 2004.
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