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