Can An Unconstitutional Law Be Reinstated Through Constitutional Amendment?
Yes, it is indeed possible for an unconstitutional law to be reinstated through a constitutional amendment if it has been struck down by the Supreme Court. This has happened multiple times throughout American history.
Historical Precedents
The 13th, 14th, and 15th Amendments, which abolished slavery and granted citizenship to blacks, and the 16th Amendment, which allowed for an income tax, were all enacted in response to Supreme Court decisions that initially went against them.
Supreme Court Decisions and Constitutional Amendments
If the Constitution is amended to address a specific provision deemed unconstitutional by the Supreme Court, the behavior made unlawful by that provision would become legal. For instance, anti-abortion laws, which have been upheld by the Supreme Court in the United States, could be rendered unconstitutional if an amendment were ratified to delegate the decision on abortion to the pregnant woman exclusively.
Legal Implications of Constitutional Amendments
Once a constitutional amendment is ratified, it becomes the supreme law of the land, superseding the previous law. This means that any legal challenges to the amendment would be nullified. An extreme example would be if the Constitution were amended to declare that the Second Amendment (right to bear arms) is repealed. Gun bans would then be enforceable as long as Congress and the state legislatures collaborated to pass the necessary laws.
It is equally important to note that constitutional amendments can authorize actions that violate international human rights laws, such as making slavery legal again or treating different ethnic or racial groups with unequal rights. Such measures would require specific changes in statute laws, potentially invalidating them based on the new constitutional amendments.
Amendment Process Explained
A constitutional amendment typically requires significant legislative and state approval. Here’s a step-by-step breakdown of the process:
A representative or senator proposes the amendment.
The amendment must be approved by a 2/3 supermajority in both the House and Senate.
The President then signs the amendment into law.
Ratification by 3/4 of the state legislatures or state ratification conventions is required for the amendment to take effect.
Optics and political strategies play a significant role in the amendment process. Voting "present" or abstaining can sometimes enhance the chances of a certain outcome but is more visually appealing to certain populations, particularly those with specific political ideologies.
Conclusion
The power to reinstate an unconstitutional law through a constitutional amendment lies in the hands of the legislative and state processes. While this process is complex and subject to various political and social influences, it remains a critical avenue for legal and political change in the United States.