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Quoted: How could a constitutional amendment be unconstitutional?
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I was thinking the same thing. The title needs to be more clear.
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You guys are a pain in the buttochs. fixed it for you
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jmboom, there was no need to fix the title... you had it right.
Read the 9th amendment.
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Sorry, but another amendment can override the 9th amendment..
Just like the 18th Amendment was repealed by the 21st Amendment.
The following amendment overrides the preceeding amendment, where applicable.
We could pass another amendment denying a specific group specific rights.
ETA: I must admit that the only time I've heard "unconstitutional amendment" was when Louisiana passed its own amendment prohibiting gay marriage or civil unions. An appeals judge said that the amendment was "unconstitutional" because it violated the LA constitution by addressing two separate topics: marriange
and civil unions. Go figure.
However, he was addressing the way an item was drafted and passed, not the specific content or the right of the state to address that content.