Want this question answered?
Ratification of a constitutional amendment
The ratification of a constitutional amendment
Slavery was legally abolished in the United States with the ratification of the Thirteenth Amendment to the Constitution in December 1865. This amendment declared that neither slavery nor involuntary servitude shall exist.
In the US? Besides the Constitutional Bill of Rights and the voters themselves? There is no single religious sect in the US which could swing anything near the votes needed for such a constitutional amendment.
No. A constitutional amendment is not necessary. Marriage is a state-level issue. The only thing the Federal Government can do is to strike down discriminatory bans on same-sex marriage.
It would depend on whether you were from the Union North or the Confederate South. Technically, the President does not have the power to do this, except insofar as it was part of his war powers. He could tell the armed forces to do it, but legally, he needed congress to back him up with a Constitutional amendment. It is up to the Congress and House of Representatives to pass laws and for the president to sign it and for the Supreme Court to decide if the law is constitutional.
An immediate result of the US Civil War was the abolition of slavery with the ratification of the 13th Amendment to the US Constitution in 1865. This amendment legally ended slavery and involuntary servitude throughout the United States.
AnswerThe Supreme Court didn't really overturn the 14th Amendment (which is outside their Constitutional authority) so much as they used their person political ideologies to rationalize violating the spirit and letter of the Amendment.Justice John Harlan I was the lone dissenter on Plessy v. Ferguson, (1896), the case that legally authorized the "separate but equal" doctrine and allowed Jim Crow laws to proliferate throughout the country. The Fuller Court's twisted constitutional interpretation remained relatively intact until the Plessy decision, and the separate but equal doctrine, were declared unconstitutional in Brown v. Board of Education,(1954).
By way of Amendment
39 of the 55 delegates to the Constitutional Convention signed the United States Constitution on September 17, 1787. The US Constitution then went to the states for ratification. Notice of ratification of the US Constitution was received by Congress on July 2, 1788. However, the US government continued the same until March 4, 1789 when the new government of the US legally began to function. The new US government became fully operative on February 2, 1790, when the US Supreme Court held its first session.
Yes, US Supreme Court decisions are binding on bothfederal and state courts except in cases where the ruling involves an amendment or clause of an amendment not incorporated (legally applied) to the states. For example, decisions regarding the Third Amendment currently only apply to states in the Second Circuit; decisions regarding the Seventh Amendment, Grand Jury indictments, and excessive bail or fines currently apply only to the federal government.
Legally, but not actually.