can courts declare amendments unconstitutional or only laws? do they have any sort of check in amendments?

Answer 1

They interpret the constitutional law, that is their check

Answer 2

Mark D is very close.

Laws are supposed to be written to conform with the Constitution and can only be tested for their validity by the Judicial System after they have been 'broken'. An individual can sue a government for writing a law that may be unconstitutional; and if found to be so will make that law invalid. The Legislature can change the wording of a law, but can't declare it unconstitutional. This is because the process for making laws in the US does not include a review by a court. The Constitution, once amended, cannot be so tested because once that happens it becomes part of the 'Constitution'.

Get me?

Answer 3

No, the courts cannot declare amendments to the U.S. Constitution to be unconstitutional. The job of courts is to interpret all laws -- common, statutory, and constitutional -- and to use those interpretations to resolve disputes.


They cannot "check" the enactment of amendments to the U.S. Constitution, they can only interpret those amendments once enacted. They can declare amendments of STATE constitutions to be violations of the U.S. Constitution and they have done so.

Answer 4

I assume by "amendments" you mean ammendments to the Constitution.

Since an amendnmet IS a part of the Constitution itself, it is impossible for it to be "unconstitutional".

A law could violate part of the Constitution, and therefore be unsonstitutional, but no, part of the Constitution can not be unconstitutional.

Answer 5

Amendments have to be ratified by a two thirds majority of the states. That is the check and balance in the system.

Answer 6

The Supreme Court can, but as for the others, thats one reason they call them, "lower courts"

Answer 7

Just the laws thankfully.... the super majority of legislators to pass and states to ratify...