# Could the Supreme Court declare a amendment proposal unconstitutional? **URL:** \ **Category:** Great Debates\ **Created:** [July 3, 2024, 3:50am UTC](https://boards.straightdope.com/t/could-the-supreme-court-declare-a-amendment-proposal-unconstitutional/1003666 "2024-07-03T03:50:12Z")\ **Posts on this page:** 1\ **Showing post:** 41
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [July 8, 2024, 11:01pm UTC](https://boards.straightdope.com/t/could-the-supreme-court-declare-a-amendment-proposal-unconstitutional/1003666/41 "2024-07-08T23:01:13Z")
> [@Little\_Nemo](#): > > And [you, **Max\_S** ,] appear to be concluding from that, that the Supreme Court _never_ will rule on a substantive issue related to an amendment proposal. Not quite. I think it’s _unlikely_ the court will ever invalidate an amendment/proposed amendment because of its substance, because my opinion is that the only valid challenge to substance is the Senate entrenchment clause and I think such an amendment is unlikely to be proposed. As for ruling on the substance of amendment proposals _prior to ratification_, if a State is not harmed by the proposal itself I doubt whether it could even reach the Court. > [@Little\_Nemo](#): > > Because I read this as you saying the Supreme Court cannot rule on a substantive issue related to an amendment proposal, with the single exception you mentioned. Cannot rule an amendment proposal _unconstitutional_ because of its substance, with the single exception I mentioned. I have no qualms with the Court upholding a proposal when challenged on the basis of its substance - with the one exception. > [@Little\_Nemo](#): > > My question remains; Is that actual case law? No, it is my opinion. ~Max --- _[View the full topic](https://boards.straightdope.com/t/could-the-supreme-court-declare-a-amendment-proposal-unconstitutional/1003666)._