Aziz Huq, "What Good is Article V?: A Defense of Our Rigid and Inflexible Constitution"

The Constitution’s amendment rule in Article V renders the text inflexible, countermajoritarian, and insensitive to important contemporary constituencies. Comparative empirical studies show that textual rigidity is not only rare in other countries’ organic documents but highly correlated with constitutional failure. To promote our Constitution’s survival and to counteract Article V’s ‘dead hand’ effect, commentators argue, Americans have turned to informal amendment through the courts or ‘super’ statutes. Article V, the conventional wisdom goes, is a dead letter.

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