2007-07-11 16:59:04 · 11 answers · asked by Mungoman 2 in Politics & Government ➔ Law & Ethics
It wouldn't be declared 'unconstitutional' per se since it would be a part of the constitution.
However, there could be another amendment repealing the first one. For example Amendment 21 repeals Amendment 18.
2007-07-11 17:03:09 · answer #1 · answered by Darrell D 3 · 4⤊ 0⤋
No: If the amendment makes it through all the hurdles of getting added to the constitution then it is law and the Supreme Court can not over turn it. Congress can make an amendment that repeals the amendment.
In example prohibition.
2007-07-12 00:05:21 · answer #2 · answered by RomeoMike 5 · 2⤊ 0⤋
No. It can only be reppealed by another amendment. As in Prohibition and the end of prohibition. (Amendments 18 and 22)
Once it's ratified into the Constitiution it cannot possibly be declared unconstitutional.
EDIT:
Sorry Ken, you have no clue AT ALL.
There is NO Supreme Court striking down a hypothetical anti-gun amendment. Let's say it's the 41st Amendment.
Once ratified by Congress and the legislatures of 2/3 of the states it COMPLETELY OVERRIDES the Second Amendment.
If a case gets to the SC, to them the Second Amendment NO LONGER EXISTS. The law of the land is "No guns".
Crack a book before you have kids and spread the ignorance.
2007-07-12 00:05:11 · answer #3 · answered by Atavacron 5 · 3⤊ 0⤋
Nope, it can not.
Once an amendment is passed, it is then part of the constitution.
It would supercede any parts of the constitution or other amendments it was in conflict with.
Now amendments can be repealed by future amendments.
Such was the case when the 18th amendment was repealed by the 21st amendment.
2007-07-12 00:21:49 · answer #4 · answered by jeeper_peeper321 7 · 1⤊ 0⤋
Hypothetical case.....Let's say there is an amendment to the right to bear arms. Congress with two-thirds vote agrees that guns should be illegal to possess by civilians....
The NRA decides to buy as many guns as it can, and when the latter is denied by the U.S. government, the NRA appeals to the court.
After the lengthy process, most likely the U.S. Supreme Court will rule that the new amendment passed by Congress is unconstitutional and strike it down....
Of course the courts cannot make the decision coercive, they need the executive to carry out the order..
2007-07-12 00:06:01 · answer #5 · answered by Kenaldinho 2 · 0⤊ 2⤋
no it cant. an amendment therefor makes it constitutional. only way to change is is to pass an amendment taking the other one off like in prohibition.
2007-07-12 00:03:58 · answer #6 · answered by blktan23 3 · 2⤊ 0⤋
It can't be unconstitutional if it's part of the constitution. It can conflict with another part of the constitution, then the courts interpret the gray areas.
2007-07-12 00:08:20 · answer #7 · answered by Catspaw 6 · 1⤊ 1⤋
By definition, no.
It can be repealed, but a part of the Constitution cannot be unconstitutional.
2007-07-12 12:41:50 · answer #8 · answered by American citizen and taxpayer 7 · 0⤊ 0⤋
No it CAN NOT
It is by it's very presence Constitutional
It takes another Amendment to remove one
PROHIBITION
2007-07-12 00:46:01 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Yes it can be declared so by the Supreme Court. They can overturn any ammendment to the constitution if it is found to be unjust.
2007-07-12 00:02:38 · answer #10 · answered by mngirly 2 · 0⤊ 4⤋