If a law is found to be unconstitutional; can an amendment to the state constitution matter?

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The Politicus
Nov 05, 2018 11:22 PM 0 Answers
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In the general sense, let's say a state law is passed, and the courts decide that the law is unconstitutional because the United States constitution prohibits such laws. Can a state amend its own constitution to allow the law; or would that not help because it still violates the US constitution?

For a specific example, North Carolina passed a voter ID law which was struck down by the courts, finding that the law was created with the intent of targeting African Americans and suppressing their votes. I was unable to find more specific constitutional reasoning given, but it seems like this would be a 14th amendment issue; that the law was shown to deprive certain classes of citizens of their rights.

Now, in the upcoming election, North Carolina has a ballot initiative to add an amendment to the NC State Constitution to require an id to vote. However, would such an amendment even be allowed; if it could still be found to violate the US Constitution's 14th amendment?

Or, can a state's constitution override the US constitution in these matters?

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  • November 5, 2018