The Supreme Court, All Right or All Wrong? Message Board

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Politics : The Supreme Court, All Right or All Wrong?

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From: TimF	1/29/2013 2:25:39 PM
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My response to a blog comment asking how a constitutional amendment could be unconstitutional - --- If the amendment was not properly established according to the correct procedures then I guess you could call it "unconstitutional", but I would probably say it was "invalid", or "not properly passed" instead. But an amendment could be unconstitutional if it exceeds the scope of the amendment power. For example in the US, under article 5 of the constitution (the part that creates the amendment process) restricted amendments about slavery and taxes until 1808, and has a permanent restriction on giving a state less then equal representation in the senate without the states consent. Any amendment stating that say small states would only have one senator would thus be unconstitutional. I guess an amendment of article 5, to allow for an amendment of equal representation for each state in the senate, might be constitutional, and then after that first amendment you could have a 2nd one that made state's representation in the senate unequal, but then you would need two amendments not just one.

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