1 - If a proposed amendment violates the Constitution, should the Supreme Court be able to block its ratification? Explain.
2 - Suppose major officeholders from particular party are not performing well, and the party is not monitoring these officeholders. In what ways could this situation affect the party as a whole??
Plz help me OUT! Thank you!
2007-08-06 08:09:17 · 3 answers · asked by Anonymous in Politics & Government ➔ Government
What is included in the Constitution is that the Legislative branch (Congress) proposes laws. The Executive branch (President) approves or vetos those laws. The Judicial branch (Supreme Court) decides whether laws are constitutional or not. If an amendment is passed, it cannot be ruled Unconstitutional. An amendment alters the constitution. I don't remember which amendment it was, but there was an amendment that inacted prohibition, and another amendment that made alcohol legal again. Another amendment limited the term of the President to 2 elected terms, and not more than 10 years. Those were changes to the existing constitution.
As far as major officeholders, the party would be affected by the term "guilt by association".
2007-08-06 08:38:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
1. It wouldn't get that far - First you have to have passage of a law by congress or ratification of an Amendment by 2/3 of the states. Then if the US Supreme Court sees that a law or Amendment is unconstitutional it will stand the courts test - the Supreme Court can declare unconstitutionality but doing so will give a reason for it. Roper v. Simmons in 2005 was a good example of what was considered "cruel and unusual punishment" in re: the death penalty for offenders who are retarded, have a low IQ (less than 70) or are juveniles when they committed their crimes.
2. For officeholders holding major political offices - we have this right now with President Bush. Most of his party is distancing themselves from him because he no longer represents what the people of the USA want a president to have and value. If someone no longer meets "eye to eye" with their party many times there is a separation as in today's case.
2007-08-06 15:19:59 · answer #2 · answered by Mary W 4 · 2⤊ 0⤋
1. No. The purpose of the amendment procedure is to change the Constitution. See the two prohibition amendments.
2. Most politicians are voted in because of individual characteristics. If the party goes down hill, the incumbant can overcome it.
2007-08-06 15:16:28 · answer #3 · answered by regerugged 7 · 1⤊ 0⤋