Can an Amendment to the US Constitution Be Ruled Unconstitutional?

by Nick Robinson, Demand Media Google

Article V of the United States Constitution specifies the procedures by which the document may be amended. The article requires that any amendment receive the support of a supermajority in the House and Senate and ratification by two-thirds of the state legislatures. However, the article includes one important restriction on the power to amend the constitution: " state, without its consent, shall be deprived of its equal suffrage in the Senate." Thus, there may be one exception to the general rule that constitutional amendments are, by definition, constitutionally valid.

The Equal Suffrage Limitation

The text of Article V implies that any amendment that reduces any state's voting in the Senate would be unconstitutional. However, this limitation creates a paradox. What if the nation voted to amend the constitution by repealing Article V? To resolve this paradox, Douglas Linder of the Arizona Law Review argues that all amendments may be, by definition, constitutional.

About the Author

Nick Robinson is a writer, instructor and graduate student. Before deciding to pursue an advanced degree, he worked as a teacher and administrator at three different colleges and universities, and as an education coach for Inside Track. Most of Robinson's writing centers on education and travel.

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