Research Catalog

Title

Contemporary questions surrounding the constitutional amending process / John R. Vile.

Author

Vile, John R.

Publication

Westport, Conn. : Praeger, 1993.

Items in the Library & Off-site

Holdings

Details

Description

xiii, 177 p.; 25 cm.

Subject

• Constitutional amendments > United States
• Constitutional history > United States

Bibliography (note)

• Includes bibliographical references (p. [155]-169) and index.

Processing Action (note)

• committed to retain

Contents

• 1. The Origins and history of the constitutional amending process in America : Antecedents to Article V ; The Article V amending process ; The Bill of Rights ; The Eleventh and Twelfth Amendments ; The nineteenth century and Amendments Thirteen through Fifteen ; The progressive era amendments ; From the progressive era to the Twenty-sixth Amendment ; Recent amending controversies -- 2. The question of justiciability: which branch of government should have the ultimate say over issues involving the amending process? : Coleman v. Miller and the political questions doctrine ; Three contemporary cases and the political questions doctrine ; Dyer v. Blair ; Idaho v. Freeman and the political questions doctrine ; Walter Dellinger and the political questions doctrine ; Grover Rees III and the political questions doctrine ; Laurence Tribe and the political questions doctrine ; Conclusion -- 3. The question of standards: what rules are most appropriately applied to procedural issues surrounding the amending process? : Rees's three models of the amending process ; Dellinger's formalistic model and its application ; Dyer v. Blair and Idaho v. Freeman revisited ; Coleman v. Miller revisited ; Other issues: the wisdom of adhering to judicial precedents -- 4. The question of safety: are there adequate rules and enforceable limits on Article V conventions? : Issues and frameworks ; The constitutional text and history ; Dellinger's formalistic model and unlimited constitutional conventions ; Charles Black's arguments for an unlimitable Article V convention ; Walter Dellinger's arguments for an unlimitable constitutional convention ; William Van Alstyne's arguments for a limited Article V convention ; Grover Rees's arguments for a limited convention option ; Paul Weber and Barbara Perry assess the political safety of constitutional conventions ; The desirability of legislation ; The division of state and congressional responsibility ; Conclusion --
• 5. The question of exclusivity: can any constitutional changes be adopted without using Article V? : Judicial review and the amending process ; Stephen Markman's arguments for judicial restraint ; Sanford Levinson and constitutional change ; Bruce Ackerman's book, first half ; Bruce Ackerman's book, second half ; Evaluation ; Robert Lipkin and the idea of constitutional revolutions --^
• 6. The question of exclusivity: the arguments of Akil Reed Amar : The precedent of 1787 ; The inadequacy of comparisons with the states ; Hypothetically speaking ; Legitimate but not legal: Philadelphia revisited ; The dubious evidence from the founders: too much reliance on too little ; The dubious arguments from Article VII ; Additional evidence from the constitution: all but the kitchen sink ; Federalism and its emphasis on nationally distributed majorities ; Retrenching the entrenchment clauses ; Throwing stones from a glass house ; Some horribles were not invited to this parade ; Popular sovereignty versus natural rights ; Amending today, legislating tomorrow? --^
• 7. The question of limitations: are there implicit restraints on the constitutional amending process? : The constitutional convention agrees to two entrenchment clauses ; The status of the entrenchment clauses ; Early debates about implicit constitutional restraints on the constitutional amending process: John C. Calhoun and Thomas Cooley ; Arguments from implied restraints applied to progressive era amendments: William Marbury and Selden Bacon ; Walter Murphy's arguments for implicit constitutional restraints on the constitutional amending process ; Problems with Murphy's analysis ; Application of implicit limits to the flag-burning controversy ; Eric Isaacson's arguments ; Problems with Isaacson's analysis ; Jeff Rosen's arguments ; Problems with Rosen's arguments ; Flaws in the notion of inherent limits on the amending process ; Douglas Linder denies the possibility of additional entrenchment clauses ; Critique of Linder's view ; Are further remedies needed?

ISBN

0275945413 (alk. paper)

LCCN

^^^92041606^

Owning Institutions

Harvard Library