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23 Ariz. L. Rev. 717 (1981)
What in the Constitution Cannot Be Amended

handle is hein.journals/arz23 and id is 733 raw text is: WHAT IN THE CONSTITUTION CANNOT BE AMENDED? Douglas Linder* Ask most Americans whether the United States Constitution is amendable, and they will answer, correctly, of course, that it is. The raging controversy over the proposed equal rights amendment' makes it difficult to imagine many people responding otherwise. Were one to ask those same Americans whether the entire Constitution was amend- able, however, the answers would likely be a good deal more varied. One would probably receive some hesitant I think so's, a good share of I don't know's, and a smattering of guesses that a few provisions were too important to be amendable. It would be a rare person indeed who would accurately respond that the guarantee to each state of equal suffrage in the Senate2 is the only constitutional provision that is now expressly unamendable under the Constitution's own terms.3 Perhaps * Assistant Professor of Law, University of Missouri-Kansas City. J.D., 1976 Stanford Universit. 1. The proposed amendment, which provides that Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex, was passed by the United States Senate on March 22, 1972. H.R.J. Res. 208, 92d Cong., 2d Sess., 118 CoNG. REc. 9598 (1972). The House of Representatives passed the equal rights amendment on October 12, 1971. HJ. Res. 208, 92nd Cong., Ist Sess., 117 CONG. REc. 35815 (1971). As of July 1, 1981, the proposed amendment still needs to be ratified by three more states before it becomes part of the Constitution. 2. U.S. CONsT. art. I, § 3: The Senate of the United States shall be composed of two Senators from each State. . .. 3. The equal suffrage provision is expressly made unamendable without the consent of each state by a proviso in article V of the United States Constitution: The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two- thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other Mode of Ratification may be proposed by Congress; Provided that no Amendment which may be made prior to 1808 shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

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