Constitutional FAQ Answer #124

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Q124. “If a proposed amendment violates the
Constitution, should the Supreme Court be able to block its
ratification?”

A. With only one exception, an amendment to the Constitution cannot, by
definition, violate the Constitution. Think it through: assume for a moment
that an amendment to remove freedom of speech was ratified by the states. The
amendment violates the concept of free speech embodied in the 1st Amendment, for sure. A law doing the same thing
would be unconstitutional. However, since we are not talking about a law, but
instead an amendment, the effect would be to negate or nullify the free speech
protections. The new amendment, as a duly ratified amendment, becomes a part of
the Constitution. The Supreme Court would have no power to remove the
amendment, and would, in fact, have to abide by it.

Last Modified: 16 Aug 2010

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