Question About the Constitution

Happy Birth­day star­rchilde!

I need to get to bed ear­li­er tonight. I resent wak­ing so late and hav­ing so much of the day gone!

I’m wondering—if one con­sti­tu­tion­al amend­ment vio­lates some­thing that’s already in the con­sti­tu­tion, can the amend­ment be struck down by the Supreme Court?

For instance, the 14th amend­ment says:
Sec­tion 1. All per­sons born or nat­u­ral­ized in the Unit­ed States, and sub­ject to the juris­dic­tion there­of, are cit­i­zens of the Unit­ed States and of the state where­in they reside. No state shall make or enforce any law which shall abridge the priv­i­leges or immu­ni­ties of cit­i­zens of the Unit­ed States; nor shall any state deprive any per­son of life, lib­er­ty, or prop­er­ty, with­out due process of law; nor deny to any per­son with­in its juris­dic­tion the equal pro­tec­tion of the laws.

The pro­posed con­sti­tu­tion­al amend­ment ban­ning same-sex mar­riages would deny equal pro­tec­tion under the law to those who want to mar­ry some­one of the same sex. 

So which one would be right? Would they strike out that part of the 14th amend­ment, or alter it to say “except queer peo­ple,” or what?

Cur­rent Mood: 😕curi­ous
Category: LJ
Cyn is Rick's wife, Katie's Mom, and Esther & Oliver's Mémé. She's also a professional geek, avid reader, fledgling coder, enthusiastic gamer (TTRPGs), occasional singer, and devoted stitcher.
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