Can a section of the Constitution itself be unconstitutional? The answer is yes.Used to be the idea was just to get the SCOTUS to ignore the parts of the Constitution you didn't like. Is the 10th Amendment unconstitutional? It's certainly impossible to square with the left's agenda since FDR. As far as I know, though, no one has argued that it is unconstitutional; they've just elected to act as if it didn't exist.