Question on Amendments
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  Question on Amendments
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Author Topic: Question on Amendments  (Read 1083 times)
True Democrat
true democrat
Junior Chimp
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« on: June 19, 2006, 08:25:29 PM »

So, let's say that that both Houses of Congress pass an amendment banning African-Americans from voting.  I know this would violate the 15th amendment, but let's say this amendment somehow passes, but it doesn't have language repealing the 15th amendment.  What happens?  A constitutional amendment can't exactly be declared unconstitutional.  Does the new amendment take precedent or the old one?
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Emsworth
Junior Chimp
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« Reply #1 on: June 19, 2006, 08:30:39 PM »

It is possible to repeal a law both implicitly and explicitly. If two laws contradict each other, then the new takes precedence, even if it does not contain words expressly revoking the old law. The same rule applies to constitutional amendments.

The Twelfth Amendment, for example, declares that the President and Vice President shall be elected separately. On the other hand, Article II provides that the President and Vice President shall be elected together, with the runner-up in the presidential election becoming Vice President. Even though the Twelfth Amendment does not explicitly repeal any part of Article II, it takes precedence.
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