Contemporary Questions Surrounding the Constitutional Amending Process

Inbunden, Engelska, 1993

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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.

Produktinformation

Utgivningsdatum1993-06-30
Mått156 x 235 x 15 mm
Vikt510 g
FormatInbunden
SpråkEngelska
Antal sidor200
FörlagBloomsbury Publishing Plc
ISBN9780275945411

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JOHN R. VILE is Professor and Chair in the Department of Political Science at Middle Tennessee State University. His many articles have appeared in journals such as The Journal of Law & Politics, The American Journal of Legal History, and The National Law Journal. In addition, he is the author of three books on the U.S. Constitution: Rewriting the United States Constitution (Praeger, 1991), The Constitutional Amending Process in American Political Thought (Praeger, 1992), and A Companion to the United States Constitution and Its Amendments (Praeger, 1993).

PrefaceThe Origins and History of the Constitutional Amending Process in AmericaThe 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 AmarThe Question of Limitations--Are There Implicit Restraints on the Constitutional Amending Process?Selected BibliographyIndex