Paradox of Self-Amendment by Peter Suber Could such a clause empower an AC to repeal a complete self-entrenchment clause? By its words and evident intent, certainly. But those words squarely contradict the words of a complete self-entrenchment clause, which might say, "nothing in this section may be amended by any means whatsoever". (They also contradict themselves, for which see below.) The fact that the AC may be worded to make it an irresistible force does not at all prevent us from wording a subsequent complete self-entrenchment clause to make it an immovable object. If the amended AC does not suffice by its words to negate the words of the self-entrenchment clause, because it does not conceptually outflank the entrenchment clause, pierce a loophole in it, or supersede it as the more specific, then it may still control by the lex posterior principle if it is the later in time (see Section 16). If the self-entrenchment clause is original or self-imposed, but older than the AC, then it will lose by the rule of change that allows amendments to amend and by the rule of priority that favors recent law. If a self-entrenchment clause is self-imposed after the AC is amended to include the new provision, then the entrenchment is the most recent voice of the sovereign. But the AC still says of itself that its power cannot be limited even by future amendment, except those made in convention. If the new self-entrenchment clause were not made in convention, then its protective language would probably fail in a court test. The rule that the clause entrenches would be exposed to ordinary amendment. One could say that the self-entrenchment clause, despite its lawfulness or validity, would have only "revocable effectiveness" because it remains subject to repeal. For a self-entrenchment clause that is a much more serious qualification than for other provisions law, almost enough to constitute its ineffectiveness or nullity. If the self-entrenchment clause were made in convention, however, it could validly shield itself and the rules within its scope from amendment. At least the amended AC could not nullify the protective language. In such a case an acceptance theorist would turn back to the first method of repeal, and allow the AC to repeal the newer self-entrenchment clause if the proper show of acceptance by the people were made. Conceivably, a "reaffirmation" of the amended AC sometime after the complete self-entrenchment clause would have the effect of giving the AC priority in cases of conflict, thereby giving it the power to repeal the clause. If such a course were to be lawful, it seems that the reaffirmation must receive the same supermajorities from the same bodies as ordinary amendment, which reduces to repetitious self-amendment, or it must receive some less formal show of faith, which reduces to overriding acceptance of the power of the AC to repeal the self-entrenched rule. If we omitted the words "not made in convention" from the proposed addition to the AC, then it would be self-contradictory. It would give the AC continuing self-embracing omnipotence. It would prevent any new limitation on the amending power from ever taking effect, which is continuing omnipotence, and it would authorize all self-amendments without exception, which is self-embracing omnipotence. This is the contradiction at the heart of the paradox of omnipotence. The contradiction is clear when we think about using the new clause to repeal itself. By its own terms, it could do so, because it is a clause of the constitution and therefore mutable under the AC, but it could not do so, because to repeal it would limit the power of the AC, which the clause prohibits. There are two ways to prevent this contradiction. First, word the addition so that continuing omnipotence is not created. This was done originally by allowing limitations on the AC to be adopted in convention. Second, word it so that self-embracing omnipotence is not created, for example by preventing some kinds of self-amendment through the use of a complete self-entrenchment clause. Perhaps the whole addition could except itself from the amending power. This path is the most precarious, for as we have seen self-amendment in violation of complete self-entrenchment clauses will be possible in actual legal settings, under the acceptance model. Therefore, if such an addition gives the AC continuing omnipotence, it will probably have self-embracing omnipotence as well, from the force of acceptance in practice, thereby bringing the contradiction back again. Of course, however, the contradiction is tolerable under the acceptance model, if it is actually accepted. Self-amendment under the acceptance model can prevent, even annul, immutability. The annulment or transmutation of immutability is a contradiction in terms, but also an accurate description of what could legally occur if self-amendment is permitted. If an AC can transmute and amend a complete self-entrenchment clause simply by doing so, with the acceptance of the people and officials, and without first amending itself to give itself the power, then its superiority to legal immutability is plain. Legal immutability still exists only at the level of law, and acceptance transcends law. On the other hand, if self-amendment explicitly increased the power of the AC over complete self-entrenchment, then the new AC would have purchased two "tickets" to priority over a previously "immutable" complete self-entrenchment clause: more recent status and more specific language. This also illustrates the claim in Section 3 that the postulate of any immutable rules would beg the question of the mutability of the AC. If the AC can amend itself, then perhaps it can arrange to reach and amend any rule of the system. But the self-applicability of an AC is neither necessary nor sufficient to achieve transmutation of immutable rules. If an AC can simply amend a complete self-entrenchment clause with the direct authorization of acceptance, then strict self-amendment does not occur and is unnecessary. Authority from acceptance is necessary and sufficient for the conquest of immutability. It is necessary because, without it, the contradiction in transmuting immutability would forever bar the act.[Note 21] It is sufficient because we need nothing more than the good grace to survive contradiction in order to amend an immutable rule. Omnipotence of the AC is also necessary and sufficient to conquer immutability. When acceptance directly authorizes transmutation, it is making the AC omnipotent within the sphere of law. When immutability is transmuted, the amending power is accordingly empowered. In short, if acceptance and the omnipotence of the AC are both necessary and sufficient for the same condition, then they are the same. This is not really a new or interesting proposition, however, until we decide what kind of omnipotence in the AC we can mean. 47