Legal Question in Constitutional Law in Maine

state constitutional amendments

I'm thinking specifically about same sex marriage bans that have been added to some state constitutions.

Can a state supreme court rule an amendment to a constitution unconstitutional? Or by putting it in the constitution, does that automatically make it constitutional?


Asked on 5/20/09, 3:10 pm

1 Answer from Attorneys
Elliott Teel Teel Law Office

Re: state constitutional amendments

If the constitution is changed, which requires several steps, then the court cannot strike down the change. The court can only strike down a law that is found to be unconstitutional.

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Answered on 5/20/09, 3:22 pm


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