Constitutional question.

[defacto7]

Not being versed in constitutional law, I'm wondering whether a US constitutional amendment would override the pro-life laws being put into place in individual states. Would it override state constitutional amendments after they've been made? Are there enough states at this point to ratify an amendment to ban on abortion? I'm worried but not sure of the possibility or probability. Of course, if the constitution is trashed, all bets are off, I guess.
Thanks

[TwilightZone]

1. Constitutional Amendments require 2/3 of both houses.

Or a constitutional convention called for by 2/3 of state legislatures to propose. The latter has never resulted in an amendment.

It then requires 3/4 of states to confirm.

It's a non-starter.

[TheKentuckian]

2. People that cannot win an election are delusional when talking about passing a constitutional amendment.

Yes, it would work. No, there is no rational hope of passing such.

We can't even get the Equal Rights Amendment ratified!

[defacto7]

8. I was talking about whether the present govt

could override state laws or amendments that protect abortion. In other words, could they outlaw abortion constitutionally. I guess that's been answered below. Thanks.

[TheKentuckian]

10. They cannot pass one either but even a national ban by normal legislation

would supercede state protections.

Depending on that stuff to carry the day is not viable.

[defacto7]

13. Got it!

[elleng]

3. Depends on how it's crafted/written, and

check first reply.

[DetroitLegalBeagle]

4. The Constitution and its Amendments are the supreme law of the land

All other laws, Federal or State, and State Constitutions are subordinate to it. So yes, a Constitutional amendment to ban abortion, or protect it, would override every state law and amendments that are contrary to it.

That said, no Amendment is getting passed any time soon. The process to pass an Amendment is difficult, purposely so, and there is pretty much no way enough States will agree on it.

[defacto7]

9. That's my answer. Thanks

[onenote]

5. The "supremacy clause" -- Article VI of the Constitution

"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

So, if a constitutional amendment was written that guaranteed women the right to choose, it would override state laws that conflicted with the amendment. Of course, the devil might be in the details -- exactly what does the amendment say.

And, as pointed out, there isn't going to be a constitutional amendment on abortion approved by 3/4 of the states in the foreseeable future, if ever.

[FBaggins]

6. Short answer - yes

Not much longer answer - if we had anywhere close to the level of support necessary to do that… we wouldn’t lose elections

[defacto7]

11. Thanks, but I meant could the RW ban it as an amendment overriding states.

[FBaggins]

14. Same answer really

Yes - that would work. But if they had anywhere near the support to get such an amendment passed it wouldn’t be necessary

[defacto7]

15. Whew.

[Fiendish Thingy]

7. An amendment to the constitution would overrule state amendments

But there aren’t enough states that would ratify such an amendment.

[defacto7]

12. Either way, I take it. Thanks.

[Fiendish Thingy]

16. Take what? Nt

[defacto7]

17. a figure of speech

meaning I get it, I understand, I guess. It's probably short for "I take the answers being offered as likely true."