Amending the US Constitution (was: Re: American marriage)

[KathyK]

--- In HPFGU-OTChatter at yahoogroups.com, "Kathryn Cawte" <kcawte at b...> 
wrote:
>  
>  David
> 
> Really? Is there a serious attempt to pass such an amendment?
>  
> Maybe I'm just revealing my ignorance of how these things work, but 
> I would have imagined that the Supreme Court would block it (or 
> don't they have the power?) on the grounds that it's an attempt to 
> define 'marriage' rather than a genuine addition to the 
Constitution.
>  
> 
>  Me -
> 
> Actually if the US system works anything like the UK one then 
Congress could
> pass the amendment (although we don't have a constitution here so I 
could be
> wrong) and then someone would have to take the government to court 
to get it
> declared unconstitutional. Since you would have to start in a lower 
court
> and work your way up to the Supreme Court that could take years. 
> 
> K


A constitutional amendment is quite different from a law passed by 
Congress, which given the right circumstances could be overridden by 
the supreme court.  If Congress passes a law, it can be vetoed by the 
president.  Congress, of course, can in turn (if the law has the 
support) override the veto.  The Supreme court has acquired the 
ability to determine the constitutionality of a law, and can strike 
down a law it deems unconstitutional.  This does take years and years 
of court cases moving up the system and the Supreme Court deciding to 
hear the case.
A Constitutional amendment must be proposed by Congress or the States 
(I forget what percentage of either must approve of the proposal).  
If the proposed amendment is passed by, say, congress, it then goes 
to the states.  Each state must vote on the law either in convention 
or through the state legislature.  I believe an amendment needs 3/4 
of the states to approve it for it to become part of the 
constitution.  Once it's part of the Constitution, only another 
amendment can change or repeal it.  

>From what I can remember, that's how it goes,

KathyK (hoping her college professors aren't cringing somewhere, for 
reasons they know not)