2007-04-04 14:49:24 · 10 answers · asked by sweatt20 1 in Politics & Government ➔ Law & Ethics
No. The Supreme Court can only rule on actual cases.
2007-04-04 14:53:02 · answer #1 · answered by Catspaw 6 · 0⤊ 1⤋
The amendment process provides citizens through their elected officials the power to change the constitution. This provides the opportunity for peaceful and democratic processes to prevail instead of revolution. Any attempt by the federal court to infringe that constitutional right would irreparably harm the nation. Neither the executive nor the legislative branches would let such an intrusion stand.
2007-04-04 14:58:42 · answer #2 · answered by Thomas M 2 · 0⤊ 0⤋
No. The Founders purposefully left the Supreme Court out of the amendment processs; by definition, an amendment to the Constitution cannot violate the Constitution, and can only be deemed unconstitutional by another amendment.
2007-04-04 14:53:14 · answer #3 · answered by TheOnlyBeldin 7 · 1⤊ 1⤋
Absolutlely not. The legislative branch cannot and should not be influenced by the judicial branch. What the supreme court has the right to do , is find the amendment unconstitional when challenged by a citizen whose constitutional rights have been adversly impacted by the amendment directly. The judicail branch has NO constitution right to legislate.
2007-04-04 14:55:48 · answer #4 · answered by Papa Joe 4 · 0⤊ 0⤋
No. That would circumvent the checks and balances established in the Constitution. No court, at any level or jurisdiction, can rule on the Constitutionality of a law until someone claims harm by it. It's called 'ripening'. If no one has filed a petition, then the matter is not ripe for adjudication.
What you suggest is called preemption. That doesn't work for laws or wars.
2007-04-04 14:51:41 · answer #5 · answered by Anonymous · 0⤊ 1⤋
It should've been determined as "unConstitutional" long before it came up for a vote, and the Supreme Court has no business determining Constitutionality. It's sole purpose is to enforce constitutionality. God Bless you.
2007-04-04 14:59:28 · answer #6 · answered by ? 7 · 0⤊ 0⤋
Absolutely it's the Checks and Balances system. Though the Constitution does not actually give Judicial Review.. it is accepted that they do have the power and always has been.
2007-04-04 15:16:43 · answer #7 · answered by katjha2005 5 · 0⤊ 1⤋
if an ammendment get's ratified it changes the constitution. it cannot violate the constitution. Ameendments are EXTREMELY difficult to get passed, and for good reason.
2007-04-04 14:54:10 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Yes. You can't change it unless their is an amendment.
2007-04-04 14:55:55 · answer #9 · answered by Fly Boy 4 · 0⤊ 2⤋
That's part of what it's for, yes. It's called checks and balances.
2007-04-04 14:55:41 · answer #10 · answered by Anonymous · 0⤊ 3⤋