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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.
Can Ratification of a constitutional amendment legally change a ruling of the US Supreme Court?
Yes, the ratification of a constitutional amendment can legally change a ruling of the U.S. Supreme Court. This is because amendments to the Constitution can modify or override judicial interpretations of constitutional provisions. For example, the 14th Amendment effectively overturned the Dred Scott decision by establishing citizenship and equal protection under the law for all individuals born in the U.S. Thus, while individual Supreme Court rulings are binding, the Constitution can be amended to reflect new legal standards or interpretations.
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.
Can FEMA suspend the US Constitution?
No, FEMA cannot suspend the US Constitution. The Constitution is the supreme law of the land, and any action to suspend it would require a constitutional amendment or a drastic legal framework that does not exist. FEMA's role is to coordinate disaster response and recovery, not to alter or suspend constitutional rights. Actions that might appear to infringe on constitutional rights during emergencies must still comply with constitutional protections.
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.
Can Congress abolish the Supreme Court?
No, Congress cannot abolish the Supreme Court. The Supreme Court is established by the U.S. Constitution and can only be changed or abolished through a constitutional amendment, which requires approval by two-thirds of both houses of Congress and three-fourths of the states.
