Contemporary Questions Surrounding The Constitutional Amending Process

Overview

This study examines contemporary questions surrounding the process by which the U.S. Constitution can be amended. Beginning with a description of the mechanism and history of the constitutional amending process in America, the work considers five major questions surrounding the amending process. The question of justiciability: whether the courts should have authority to settle amending issues or whether they are political questions beyond the court's purview. The question of standards: what standards of review ...

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Overview

This study examines contemporary questions surrounding the process by which the U.S. Constitution can be amended. Beginning with a description of the mechanism and history of the constitutional amending process in America, the work considers five major questions surrounding the amending process. The question of justiciability: whether the courts should have authority to settle amending issues or whether they are political questions beyond the court's purview. The question of standards: what standards of review should be used. The question of safety: the safety of invoking the constitutional convention mechanism. The question of exclusivity: whether there are legal means of changing the Constitution short of Article V. And the question of limitations: whether there are any unstated constitutional limits on the amending process.

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Product Details

  • ISBN-13: 9780275945411
  • Publisher: ABC-CLIO, Incorporated
  • Publication date: 6/30/1993
  • Pages: 198
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.50 (d)

Meet the Author

JOHN R. VILE is Professor and Chair in the Department of Political Science at Middle Tennessee State University.

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Table of Contents

Preface
Acknowledgments
Ch. 1 The Origins and History of the Constitutional Amending Process in America 1
Ch. 2 The Question of Justiciability - Which Branch of Government Should Have the Ultimate Say Over Issues Involving the Amending Process? 23
Ch. 3 The Question of Standards - What Rules Are Most Appropriately Applied to Procedural Issues Surrounding the Amending Process? 45
Ch. 4 The Question of Safety: Are There Adequate Rules and Enforceable Limits on Article V Conventions? 55
Ch. 5 The Question of Exclusivity - Can Any Constitutional Changes Be Adopted Without Using Article V? 75
Ch. 6 The Question of Exclusivity - The Arguments of Akil Reed Amar 97
Ch. 7 The Question of Limitations - Are There Implicit Restraints on the Constitutional Amending Process? 127
Selected Bibliography 155
Index 171
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