Exercise 3: Stripping Away a Power in the US vs. the UK — Possible Solution ================================================================================================================== This exercise asks for a direct procedural comparison, and the chapter's own closing table gives exactly the material needed to build it. THE US CASE: STRIPPING A POWER FROM A STATE Because a state's reserved powers rest on the Tenth Amendment - a constitutional guarantee, not an ordinary statute - Congress cannot simply pass a regular law taking one of those powers away. An ordinary act of Congress that tried to directly seize a power reserved to the states would itself be challengeable as unconstitutional under judicial review (Chapter 4). The only real, formal way to actually strip a constitutionally reserved state power would be to amend the Constitution itself - meaning Congress would need to clear Article V's own full supermajority process from Chapter 1: two-thirds of both the House and Senate to propose the amendment, then three-fourths of all fifty state legislatures to ratify it. In practice, that's an enormously high bar, and it also means the very states whose power is being reduced get a direct vote on whether to allow it, since state legislatures are part of the ratification process itself. THE UK CASE: STRIPPING A POWER FROM THE SCOTTISH PARLIAMENT Because Scotland's devolved powers exist only through an ordinary Act of Parliament (the Scotland Act) rather than through any entrenched constitutional guarantee, Westminster retains full legal sovereignty over them. UK Politics Fundamentals Chapter 9 establishes that Parliament could, in principle, alter or revoke devolved powers by passing another ordinary Act - the same simple-majority, single-session process that could change any other UK law. The Sewel Convention says Westminster normally won't legislate on devolved matters without the Scottish Parliament's own consent, but Chapter 7 of that same course already showed this convention being ignored 20 real, recorded times by February 2022 with no legal consequence at all, since it is a political norm, not an enforceable legal rule. WHY THE TWO PROCESSES ARE SO DIFFERENT The difference comes down to where each power actually sits. A US state's reserved power sits inside the Constitution itself, protected by the same Article V supermajority machinery that protects everything else in that document - genuinely hard to reach. Scotland's devolved power sits inside an ordinary Act of Parliament, which - under parliamentary sovereignty - Parliament can amend or repeal the same way it could pass any other law, restrained in practice mainly by political convention rather than a legal barrier. ANSWER: To strip a reserved power from a US state, Congress would need to pass a full Article V constitutional amendment - two-thirds of both chambers of Congress, then ratification by three-fourths of all state legislatures - a deliberately difficult, multi-stage process that gives the states themselves a direct vote on the outcome. To strip a devolved power from the Scottish Parliament, Westminster could in principle pass an ordinary Act of Parliament by a simple majority in a single session, restrained mainly by the Sewel Convention - a real but legally unenforceable political norm already shown to have been ignored 20 times without consequence. The processes differ because a US state's power is constitutionally entrenched, while Scotland's devolved power exists only as an ordinary, revocable grant from a sovereign Parliament. WHY THIS WORKS AS AN ANSWER ------------------------------ It walks through the real, specific procedural steps required in each country separately before comparing them, and explicitly names the underlying reason for the difference (constitutional entrenchment vs. an ordinary, revocable statutory grant) rather than just asserting the UK process is "easier."