If a proposed Amendment violates the Constitution, should the Supreme Court be able to block its ratification?
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2006-09-10 16:25:45 · 4 answers · asked by Gui 2 in Politics & Government ➔ Politics
A proposed amendment cannot violate the constitution? The process could be challenged but the amendment if passed will become law.
2006-09-10 16:27:24 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Under American law, a proposed amendment to a particular constitution, whether state or federal, BECOMES part of the constitution upon proper ratification and therefore cannot "violate" it. It is then up to all courts to reconcile any conflict between constitutional provisions to give each one effect. For example, if an amendment is proposed and properly ratified that allows Congress the power to regulate the burning of the United States flag, notwithstanding any other law, there would be in effect an "exception" to the First Amendment guarantee of free expression in the area of flag burning.
The key is "proper ratification." If, for example, Congress sent a proposed amendment to the U.S. Constitution without a two-thirds majority in each house, it is arguable that the ratification process could be stopped by judicial action. Similarly, if such a proposed amendment were declared ratified without the concurrence of three-fourths of state legislatures, a court could likely declare the proposed amendment null and void. But that is about all that courts would have power to review.
Now, an amendment to a state constitution CAN violate the federal constitution -- if so, the Supremacy Clause trumps the state provision and the state provision fails. It is highly doubtful that a federal court, and especially the Supreme Court, would intervene to block the ratification process, but upon the proposed state amendment's being declared ratified such a court would have the power to decide the "federal question" of whether the state amendment violated the U.S. Constitution, and probably the ancillary question of whether the state amendment was valid under state law as well.
2006-09-14 11:53:09 · answer #2 · answered by acyberotaku 2 · 0⤊ 0⤋
A constitutional amendment is a change or addition to the constitution by definition.
2006-09-10 16:30:10 · answer #3 · answered by TLJaguar 3 · 1⤊ 1⤋
proposed hasn't happened yet so it can't violet anything!!!
2006-09-10 16:32:38 · answer #4 · answered by Anonymous · 0⤊ 1⤋