Can the US Supreme Court declare a constitutional amendment unconstitutional?

Answer 1

A decision of the Supreme Court is an interpretation of the law as it is now. If the law changes, through a constitutional amendment, for example, a subsequent Supreme Court case dealing with the same issue as before, but based on the amended law, could very well be decided differently.

Answer 2

No, quite the contrary. If there is a conflict between the US Constitution and a state constitution, the US Constitution prevails. Article VI of the US Constitution states (first paragraph omitted): "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding. "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States"

Answer 3

Yes. The Eleventh Amendment was passed specifically to overturn the Supreme Court's decision in Chisholm v. Georgia, 2 US 419 (1793), and revoke their original (trial) jurisdiction over lawsuits brought against the states. This occurred because the Court found in favor of a petitioner filing a monetary claim against the state of Georgia for expenses the state incurred during the Revolutionary War. The Jay Court held that the states lacked sovereign immunity from being sued, a decision that could have lead to economic disaster.

Answer 4

No. The justices (and all elected federal officials) take an oath to uphold the US Constitution. The Constitution is the highest law in the United States and can only be changed via the formal amendment process outlined in Article V.

Answer 5

No. The Supreme Court is bound by the law of the Constitution. No one has authority to override amendments. The Constitution can only be changed by a two-thirds majority of both Houses of Congress and ratification by 75% of the states -- a difficult achievement.

Answer 6

Yes, but only if it conflicts with an Article or incorporated Amendment of the US Constitution.