Can Constitutional Admendments Be Overturned by the Supreme Court? (health care, v, elect)

[whiggan]

Or does the constitution have supremecy?

[Little-Acorn]

Can Constitutional Admendments (sic) Be Overturned by the Supreme Court?


Short answer:

No.

Longer answer:

Which one(s)? On what grounds?

[TrapperJohn]

With enough votes, yes, but not by the SCOTUS, as presumably the Amendment alters the Constitution.

[pghquest]

no, the Supreme Court interprets the Constitution, including the amendments.

Originally Posted by TrapperJohn

With enough votes, yes.

I guess they could always ignore the Constitution.. We've seen a lot of that recently.

[Lumerian Feast]

When an amendment is passed, it becomes part of the Constitution. So you're asking if the Constitution can overturn the Constitution.

[TrapperJohn]

Originally Posted by pghquest

no, the Supreme Court interprets the Constitution, including the amendments.

I guess they could always ignore the Constitution.. We've seen a lot of that recently.

I hate posting from my phone. I hit enter before I finished my post.

[Lumerian Feast]

The only way to overturn an amendment is to pass another amendment. For example, the 21st Amendment overturning the 18th Amendment.

[whiggan]

So the states could roll back the Supreme Courts decision today by expressly saying a forced tax is not something the majority wants by passing an admendment?

Not trying to open up another thread on a debate(if you can call what goes on here a debate) on healthcare. Just the issue on what can be done beyond a bad, IMO, decision of the court whether if be health care mandates or abolishing the electoral college(for example).

[Mircea]

Originally Posted by whiggan

Can Constitutional Admendments Be Overturned by the Supreme Court?

No. In fact, there is no mechanism for review of an Amendment by any court. Also, the president cannot veto an Amendment.

Constitutionally...

Mircea

[villageidiot1]

Originally Posted by whiggan

Or does the constitution have supremecy?

An amendment to the Constitution can be repealed by another amendment to the Constitution as described in Article V of the Constitution. This has only happened once (Prohibition) when the 21st Amendment repealed the 18th Amendment.