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this post was submitted on 25 Sep 2023
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United States | News & Politics
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That isn't how it works at all.
It is silly, but I'm pretty sure the order of the amendments doesn't really factor in. It's a problem if two amendments are in conflict with each other, and generally if the intent of a later amendment was to modify some aspect of a prior one, it explicitly does so by specifying what parts of the previous amendment are modified, removed, or added to (although the only time I'm aware of that that applied was when the 21st amendment repealed the 18th amendment). Generally the amendments are additive and no particular ordering is implied.
Actually neat thing about the 14th amendment. It gives rise to the doctrine of Incorporation of the Bill of Rights.
The 14th amendment fundamentally modified the separation of Federal and State governments a bit, which makes sense given the background of the whole “it’s a result of the Confederates losing the Civil War.”
However all this said, the first amendment doesn’t extend into infinity. No right does that. The various Courts have agreed that speech is not protected in the commission of a crime.
FWIW there haven't been any cases about the constitution contradicting itself to my knowledge.
https://www.quora.com/Does-the-U-S-Constitution-contradict-itself-in-any-place
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3948165
https://hls.harvard.edu/today/brilliant-and-highly-flawed/
[citation needed]