Constitutional FAQ Answer #57

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Q57. “I am in the middle of a raging argument
about amendments. Can a ratified amendment ever be
‘unconstitutional’?”

A. No, with one current exception. By its very definition, an amendment is
a part of the Constitution, and hence cannot be not constitutional.

The exceptions are listed in Article 5;
nothing baring the slave trade prior to 1808, and no change that denies a state
its equal suffrage in the Senate, without its consent (so that a group of
states cannot gang up on one state).

Last Modified: 16 Aug 2010

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