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Does the US Supreme Court propose amendments to the US Constitution?
Wiki User
∙ 13y ago
No. According to Article VI, the Constitution is the "supreme law of the land" which justices of the US Supreme Court swear to uphold. The Constitution is the standard by which other legislation is judged; the Constitution itself is not subject to judicial review.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoAbsolutely not. The Supreme Court considers the Constitution the supreme law on which they base all their decisions. Only Congress and the States can change the Constitution.
In order to Amend the Constitution, the measure must pass both the House and Senate by a 2/3 (supermajority) vote. It is then submitted to the states, which are given a "reasonable amount of time" (often 7 years) in which to review and decide whether to ratify the Amendment. As soon as 3/4 of the states vote to ratify, the new Amendment is adopted and becomes law.
Unlike ordinary legislation, the Constitution is not subject to judicial review.
Wiki User
∙ 13y agoNo, that would represent a conflict of interest and a violation of the separation of powers. The Supreme Court is required to abide by constitutional amendments (or their interpretation of them), so they can't participate in the Amendment process. The Constitution reserves that power exclusively for Congress and the States.
Wiki User
∙ 13y agoNo. The Supreme Court is not allowed to participate in amending the Constitution.
An Amendment can be added to the Constitution by Congress and the States working together. The House of Representatives or Senate may propose an amendment, but adoption requires a super-majority (two-thirds) vote in both the House of Representatives and the Senate followed by ratification by three-fourths of the state legislatures. Repealing an existing Amendment to the Constitution requires the addition of a new Amendment -- as was done with the 18th Amendment (prohibition), which was repealed by the 21st Amendment.
The rules for amending the Constitution are outlined in Article V of the Constitution:
Article V
"The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate."
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Which branch of government introduces amendments to the constitution?
the supreme court
Why can amendments to the Constitution negate Supreme Court decisions?
The Constitution is the Supreme Law of the Land, which all government officials swear to uphold. Supreme Court decisions are subordinate to constitutional amendments, and represent one of the few ways a Supreme Court decision can be changed.
What branch can propose amendments to overrule judicial decisions?
Legislative (the House of Representatives and Senate) can propose Amendments to the Constitution. The Judicial branch's power is to declare laws unconstintutional, so if an amendment is made to the Constitution, then the law is no longer unconstitutional, thus, in a sense, overturning a decision of the Supreme Court. Congress can also deliberately write laws to circumvent Supreme Court decisions.
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.
Can the US Supreme Court violate the Constitution?
No, the US Supreme Court cannot violate the Constitution. The Court's role is to interpret and apply the Constitution, ensuring that laws and actions adhere to its provisions. While opinions on interpretations may vary, the Court's decisions are binding and can only be overturned or altered through subsequent legal proceedings or constitutional amendments.
How were the courts defined by the Constitution?
Courts have jurisdiction over interpretations of the constitution and can suggest amendments. The supreme court was the only one mentioned in the US constitution.
What is the formal constitutional check on the supreme courts power of judicial review?
Congress can check the power of the Supreme Court by introducing amendments to the Constitution.
What change to the constitution occurred while James Buchanan was in office?
There were no amendments added to the Constitution while Buchanan was in office. There are always Supreme Court decisions that interpret and clarify the Constitution.
Which amendments we ignored?
The amendments are not ignored. They are used daily in court and cases that come before the Supreme Court.
Who is the custodian of the Indian constitution?
Supreme court of India
What is the purpose of the amendments?
Constitutional amendments allow the congress or people of the united states to override the ruling of the supreme court that the enactment of a law would be unconstitutional. For instance after the supreme court ruled that income tax was unconstitutional it took an amendment to the constitution to be able to enact the tax. They can also be used to change aspects of the constitution, changing the scope, range and assignment of governmental authority or repealing former amendments.
Who has final say in explaining the Constitution?
The Supreme Court.
