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What (who) is unconstitutional$86702$ - definition
CONDITION OF ACTING IN ACCORDANCE WITH AN APPLICABLE CONSTITUTION
Unconstitutional; Unconstitutionality; Unconstitutionally; Unconstitutional.
Unconstitutional constitutional amendment
![segregation]] would be unconstitutional.](https://commons.wikimedia.org/wiki/Special:FilePath/"Colored" drinking fountain from mid-20th century with african-american drinking.jpg?width=200 "segregation]] would be unconstitutional.")
![The US Senate's side of the Capitol Building in [[Washington, DC]]. Michael Dorf speculated about the possibility of the US Supreme Court declaring the unequal apportionment in the US Senate to be unconstitutional.](https://commons.wikimedia.org/wiki/Special:FilePath/Capitol-Senate.JPG?width=200 "The US Senate's side of the Capitol Building in [[Washington, DC]]. Michael Dorf speculated about the possibility of the US Supreme Court declaring the unequal apportionment in the US Senate to be unconstitutional.")
![Erwin Chemerinsky called on the US Supreme Court to use the 5th Amendment to make the allocation of [[Electoral College]] votes among US states exclusively based on population.](https://commons.wikimedia.org/wiki/Special:FilePath/Erwin chemerinsky 09-2007.JPG?width=200 "Erwin Chemerinsky called on the US Supreme Court to use the 5th Amendment to make the allocation of [[Electoral College]] votes among US states exclusively based on population.")
![The US Supreme Court building. Mike Rappaport argues that the adoption of the unconstitutional constitutional amendment doctrine would give the Court way too much power and undermine [[democracy]] and [[popular sovereignty]].](https://commons.wikimedia.org/wiki/Special:FilePath/Panorama of United States Supreme Court Building at Dusk.jpg?width=200 "The US Supreme Court building. Mike Rappaport argues that the adoption of the unconstitutional constitutional amendment doctrine would give the Court way too much power and undermine [[democracy]] and [[popular sovereignty]].")
![In 1893, [[Michigan]] [[jurist]] Thomas M. Cooley endorsed the idea of implicit limits on the United States constitutional amendment power.](https://commons.wikimedia.org/wiki/Special:FilePath/Tmcooley.jpg?width=200 "In 1893, [[Michigan]] [[jurist]] Thomas M. Cooley endorsed the idea of implicit limits on the United States constitutional amendment power.")
CONCEPT THAT EVEN A PROPERLY PASSED & RATIFIED CONSTITUTIONAL AMENDMENT NOT EXPLICITLY PROHIBITED BY A CONSTITUTION'S TEXT, CAN HAVE THE POTENTIAL TO BE UNCONSTITUTIONAL ON SUBSTANTIVE GROUNDS
Unconstitutional constitutional amendments
An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text, can nevertheless be unconstitutional on substantive (as opposed to procedural) grounds—such as due to this amendment conflicting with some constitutional or even extra-constitutional norm, value, and/or principle. As Israeli legal academic Yaniv Roznai's 2017 book Unconstitutional Constitutional Amendments: The Limits of Amendment Powers demonstrates, the unconstitutional constitutional amendment doctrine has been adopted by various courts and legal scholars in various countries throughout history.
unconstitutional
¦ adjective not in accordance with the political constitution or with procedural rules.
Derivatives
unconstitutionality noun
unconstitutionally adverb
constitutionality
n. to challenge, question; establish the constitutionality (of a law)
Wikipedia
Constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional.
