16th Amendment
16th Amendment
No. To change the amendment would take another amendment to the Constitution. The Congress would have to introduce and pass the amendment, then three fourths of the States would have to accept the amendment before it would become ratified.
Amendment XII (12)
Amendment XII (12)
Approval by Congress pretty well legitimizes anything. Congress makes the laws. The Supreme Court may eventually revoke laws passed by Congress and signed by the president, but that takes time and the law is legitimate until it is revoked.
2/3 of each chamber of Congress must approve it, and then it must be ratified by the favorable votes of 3/4 of the state legislatures.
A constitutional amendment is any change in the US Constitution. Like the constitution, an amendment must be proposed and then adopted by Congress or by state conventions. It must then be ratified by 2/3 of the current states before it becomes part of the Constitution. Amendments can only be superceded by another later amendment, or repealed by one.
1. The way the founders envisioned was by another amendment being passed that would repeal the old one. But this took much effort, and required that the majority of the people in the nation agree. 2. So an easier way was found. Simply contrive a test case, and let the Supreme Court use their years of legal experience to write a pages long opinion on why "Congress shall make no law..." really means "Congress shall make any law..." This invalidates any amendment, without the bothersome necessity of another amendment being passed.
Absolutely 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 repeal an amendment, Congress has to agree on a new amendment that specifically overrides another part of the Constitution. This Amendment would be added to the Constitution, but the text of the older rule would not be removed, despite being obsolete. One example of this is the 11th Amendment, which revoked the Supreme Court's original jurisdiction to hear cases involving disputes between a state and the citizens of another state. Another example is when Congress passed the 21st Amendment to repeal the 18th Amendment (Prohibition). 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.
Give authority to another
Amendments cannot be changed. They can be superceded by another amendment, or repealed (revoked) by another amendment.
The amendments to the constitution have to be ratified by states. Another method, used just once, was that 2/3 of both houses of Congress have to ratify the amendment.
The 21st amendment, which is the repeal of prohibition, repealed the 18th amendment which was about prohibition.