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Can the Supreme Court repeal a constitutional amendment to North Carolina's state constitution?
Wiki User
∙ 11y ago
NO. The Supreme Court can only review cases brought before it after the litigants exhaust their remedies in lower state or federal courts. State constitutions are governed by state law.
Wiki User
∙ 11y ago
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Can the US Supreme Court vote on an amendment to the Constitution?
No. The Judicial Branch, headed by the US Supreme Court, is excluded from the constitutional amendment process. If the Court had the right to shape the Constitution and interpret its meaning, they would have too much power.Article V of the Constitution provides for the document's amendment by a joint venture between Congress and the States.
In what two general ways does Congress reshape the Constitution?
The Constitution may undergo changes with a Constitutional Amendment or Constitutional Convention. The Supreme Court may not actually make changes to the Constitution, but may interpret the lines of the Constitution differently as time passes.
What court cases caused the Supreme Court to decide to amend the constitution?
The Supreme Court does not have the power to amend the Constitution. Only the process of constitutional amendment outlined in Article V of the Constitution can be used to amend the Constitution. The Court's role is to interpret the Constitution and its amendments, not to amend them.
Was the abolition of slavery a US Supreme Court decision?
No. Slavery was abolished by the Thirteenth Amendment to the Constitution in a joint effort between Congress and the states that ratified the amendment. A constitutional amendment is more powerful than a US Supreme Court decision, because it is not subject to change by the Supreme Court.
Does constitutional law take precedence over case law when a State constitutional amendment conflicts with the US Constitution?
The US Constitution takes precedence over state constitutions when there are conflicts between amendments, per the Sixth Amendment Supremacy Clause. The US Supreme Court can't nullify a state constitutional amendment unless it has an opportunity to grant certiorari to a case challenging the state constitution, however. Case law relevant to conflicts between state and federal constitutional conflicts would invariably support the federal constitution. If the State constitutional amendment isn't ruled unconstitutional by the State supreme court, the US Supreme Court would overturn the amendment (if it truly represents a constitutional conflict). In one recent example, New Jersey voters ratified an amendment to their state constitution allowing them the prerogative to recall Congressmen with whom they were dissatisfied. The New Jersey amendment is unconstitutional under the US Constitution, but the Supreme Court can't do anything about it until voters attempt to recall a Senator or Representative and someone with standing (the Senator or Representative himself) files suit contesting the action. The case would have to go through the New Jersey court system and the NJ Supreme Court decision appealed to the US Supreme Court before the federal court could make a determination. The process could take several years, or the amendment could remain part of the NJ constitution indefinitely, if it's never acted upon.
What are the possibilities of reviving a case if the American Supreme Court and decision is not satisfactory?
The Supreme Court's decision is final, it cannot be "revived" and reheard. However a constitutional amendment that changes the relevant parts of the Constitution would supersede the Supreme Court's decision.
After the Supreme Court decision in Pollock v. Farmers' Loan and Trust Progressives sought to create a federal income tax by?
After the Supreme Court decision in Pollock v. Farmers' Loan and Trust, Progressives sought to create a federal income tax by Constitutional amendment.
Is the first amendment expressly stated in the Constitution or conveyed through Supreme Court decisions?
The First Amendment is expressly stated in the Constitution.
When is the US Supreme Court going to stop the First Amendment?
The US Supreme Court is not going to "stop the First Amendment"; they lack authority to change the Constitution. Article V of the US Constitution explains the formal amendment process.
What action can legally change as a ruling of the US supreme court?
Ratification of a constitutional amendment
What amendment to the US Constitution bans same-sex marriage?
None does. On June 26 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marry.
Who aproves admendments to the constitution?
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
