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Contemporary Questions Surrounding the Constitutional Amending Process
Contemporary Questions Surrounding the Constitutional Amending Process
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Description
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.
Table of Contents
The Origins and History of the Constitutional Amending Process in America
The Question of Justiciability--Which Branch of Government Should Have the Ultimate Say Over Issues Involving the Amending Process?
The Question of Standards--What Rules Are Most Appropriately Applied to Procedural Issues Surrounding the Amending Process?
The Question of Safety: Are There Adequate Rules and Enforceable Limits on Article V Conventions?
The Question of Exclusivity--Can Any Constitutional Changes Be Adopted Without Using Article V?
The Question of Exclusivity--The Arguments of Akil Reed Amar
The Question of Limitations--Are There Implicit Restraints on the Constitutional Amending Process?
Selected Bibliography
Index
Product details
| Published | 30 Jun 1993 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Extent | 200 |
| ISBN | 9780275945411 |
| Imprint | Praeger |
| Dimensions | 235 x 156 mm |
| Publisher | Bloomsbury Publishing |
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