[sheyboer]

Let’s say a 28th Amendment was ratified by the necessary 38 States. Would the 12 States that chose not to ratify it, still be subject to it?

I ask, because I remember reading from one or more of the Liberty Classroom faculty that a State who chose NOT to ratify the original constitution would then not be subject to it; they would remain an independent, sovereign state on par with Portugal, France, Britain… I’m wondering if that logic, to a certain extent, applies after a State officially joins the Union, but rejects the ratification of a new amendment.

Thanks,
Sherwin

[gutzmank]

No, once a state is part of the union, it is bound by the Constitution of the union, which can be amended by either Article V processes.

[Author]

Posts