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Contemporary Questions Surrounding the Constitutional Amending Process

Contemporary Questions Surrounding the Constitutional Amending Process cover

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

Preface
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

About the contributors

Author

John R. Vile

John R. Vile is professor of political science and…

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