Congress has the power to amend the Constitution. In theory, could they pass an amendment repealing Articles II and III, effectively dissolving the other two branches?

This is clearly contrary to the intent of the Constitution, and could very well result in a military or civilian uprising. However, since an amendment can't be declared unconstitutional, is it technically possible?

  • They don't need an amendment to gut the federal courts. They could simply impeach each and every federal judge (including the judges on the high bench) and refuse to approve any replacements.
    – EvilSnack
    Oct 13, 2020 at 17:23

1 Answer 1


Congress has the power to propose amendments, but not to enact them. Amendments are only enacted once they're ratified by 3/4ths of the state legislatures. And yes, there's no reason to think it would be unconstitutional for 2/3rds of each house of Congress plus 3/4ths of the state legislatures to make fundamental changes to the Constitution like eliminating other branches of government. The only limit on amendments that's still in effect is that states can't be deprived of equal suffrage in the Senate without their consent.

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