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Yes, by the same process that amendments to the Constitution itself are made. Article 5 provides for amending the Constitution. Since the Constitution itself can be amended and since the Bill of Rights is a part of the Constitution, then it can be amended as well. The Bill of Rights is just a name given to the first ten amendments. They have no special status. The 18th amendment, Prohibition, was itself amended out of existence by the 21st amendment.

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15y ago
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13y ago

Yes, if the law is relevant to a case before the Court.

The Supreme Court is often called upon to interpret Federal Laws that are not written clearly or haven't anticipated a particular situation in which it may be used. The Court attempts to determine Congress' intent and decide how it should be applied. They may need to determine whether the law is too vague or over-broad to be applied, and may analyze the language to decide whether an otherwise constitutional law is being applied unconstitutionally.

The justices also interpret the Constitution to determine whether federal laws are in compliance. If determined to be unconstitutional, the law is nullified and rendered unenforceable.

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13y ago

Yes, IF the state law is presented to the Supreme Court as part of a legitimate case challenging the constitutionality of that law. The Court can't take a proactive approach to overturning laws it may consider unconstitutional; they have to wait for the question to be presented to them as part of a case heard under their appellate jurisdiction.

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12y ago

Yes, the Bill of Rights is subject to interpretation and does not provide absolute protection even when there is general agreement about the meaning of a particular amendment.

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Q: Can the Bill of Rights be subject to interpretation by the US Supreme Court?
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