united-states us-constitution us-supreme-court
Could the Supreme Court overturn a constitutional amendment?
<p>The Constitution cannot be amended to change the equal representation of states in the Senate. What would happen if an amendment was passed and ratified that did this? Could the Supreme Court rule that part of the constitution is unconstitutional? Would implied repeal be relevant?</p>

<p>So in the United States, the person who has the authority to recognize that an Amendment has been passed is the National Archivist.  He or She would count off that all the requirements are met to proceed to passing and once accepted, the amendment is added.</p>
<p>That said, the most likely course of action is that the Supreme Court would issue a Mandamus forcing the Archivist to reject the Amendment on the grounds that one cannot Amend that into the Constitution... or that the Amendment would only be in effect for the states that voted in favor of the Amendment (since they consented) and any new states that came aboard following the the ratification of this proposed amendment.</p>
