Legal Question in Constitutional Law in South Carolina

Constitutional Amendments

Can the Supreme Court rule a constitutional amendment unconstitutional? If so, how?

For example, an amendment is passed, a citizen brought a suit against that amendment, resulting in the Supreme Court ruling the amendment unconsitutional.


Asked on 8/22/05, 8:39 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Constitutional Amendments

Constitutional amendments become part of the constitution and are therefore constitutional by definition. The Supreme Court cannot hold otherwise unless, perhaps, there is a dispute over whether the amendment was properly ratified. Such cases have been brought in the past and the Court has never gotten involved, deeming the question political -- rather than legal -- in nature.

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Answered on 8/22/05, 2:49 pm


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