Could a Constitutional Amendment be Unconstitutional

Abstract

This Article focuses on the possible substantive unconstitutionality of purported constitutional amendments. It does not consider unconstitutionality for failure to comply with the procedural requirements article V of the Constitution imposes on the amendment process. This Article devotes little attention to the procedural side of the claim that an amendment depriving a state of its equal suffrage in the Senate would be unconstitutional unless en- acted with the consent of that state.' Rather, the focus here is upon what might be referred to as implied limitations on the substance of constitutional amendments.