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To: musanon
Theoretically, the SCOTUS could 'strike down' an Amendment as unconstitutional.

They could rule that it's invalid because it was not legally adopted, but once an amendment is accepted as valid, it's part of the Constitution. The Constitution cannot be unconstitutional, by definition.

The 18th Amendment was a dumb idea, but it was legal. It was proposed by Congress and adopted by the states in the prescribed manner. SCOTUS or any other court had no authority to override it -- the black-letter law was before them, and they were bound by it.

233 posted on 07/10/2005 8:06:43 PM PDT by ReignOfError
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To: ReignOfError

See my post #230.


236 posted on 07/10/2005 10:42:04 PM PDT by musanon
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