Not unconstitutional; violation of antitrust law. Can’t get around the Sherman Antitrust Act absent collective bargaining (or, in the unique case of MLB, Congressional exemption). It is only in recent years that some college athletes had the guts to challenge the NCAA’s restraint of trade rules; the athletes have been winning those cases.
Ultimately, the only legal way for some structure and enforcement to be cemented around eligibility, salary limits, etc, are for (a) players to unionize, be recognized as employees and reach a collectively bargained agreement with schools, or (b) enact new federal law such as the SCORE Act.
Congress has resisted changing the law for professional sports leagues for decades. I see no reason that will change for college level sports. So, sooner or later the colleges are going to cave in, recognize athletes as employees, and collectively bargain with them.
Are student athletes all that different from the student-employee tutors and lab workers who are organizing unions all over the country in recent years? I don’t think so. This is coming. Read more here:
https://www.proskauer.com/blog/unde...ts-are-here-to-stayand-20000-members-stronger