Contemporary Questions Surrounding the Constitutional Amending Process

by Vile, John R.

• ISBN13: 9780275945411
• ISBN10: 0275945413
• Format: Hardcover
• Copyright: 1993-06-01
• Publisher: Praeger Pub Text

Summary

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