Contemporary Questions Surrounding the Constitutional Amending ProcessThis 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. |
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Page 79
... ACKERMAN'S BOOK , FIRST HALF Ackerman , who is a professor of law and political science at Yale Uni- versity , has begun the task of providing a firmer basis for extra - Article V changes in the Constitution with the publication of the ...
... ACKERMAN'S BOOK , FIRST HALF Ackerman , who is a professor of law and political science at Yale Uni- versity , has begun the task of providing a firmer basis for extra - Article V changes in the Constitution with the publication of the ...
Page 82
... ACKERMAN'S BOOK , SECOND HALF 9951 52 From this discovery of the Constitution , Ackerman proceeds in the sec- ond half of his book to a discussion of Neo - Federalism , where with help from Hannah Arendt and others , he tries in ...
... ACKERMAN'S BOOK , SECOND HALF 9951 52 From this discovery of the Constitution , Ackerman proceeds in the sec- ond half of his book to a discussion of Neo - Federalism , where with help from Hannah Arendt and others , he tries in ...
Page 91
... Ackerman , We The People , pp . 218 and 322 . 31. For critiques of Ackerman's articles , see James G. Pope , “ Republican Mo- ments : The Role of Direct Popular Power in the American Constitutional Order , ” University of Pennsylvania ...
... Ackerman , We The People , pp . 218 and 322 . 31. For critiques of Ackerman's articles , see James G. Pope , “ Republican Mo- ments : The Role of Direct Popular Power in the American Constitutional Order , ” University of Pennsylvania ...
Contents
The Origins and History of the Constitutional | 1 |
The Question of JusticiabilityWhich Branch | 23 |
The Question of StandardsWhat Rules | 45 |
Copyright | |
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Contemporary Questions Surrounding the Constitutional Amending Process John R. Vile No preview available - 1993 |
Common terms and phrases
accepted Ackerman adopted Akil Alstyne alter Amar amending issues amending mechanism Amending the Constitution American Political Thought analysis Article V convention Articles of Confederation believes Bill of Rights Black chapter Chicago cited clause Coleman Congress congressional Consti Constitutional Amending Process Constitutional Change Constitutional Convention contemporary consensus controversy convention mechanism debates decision delegates Dellinger's Democracy ENTRENCHMENT CLAUSES Equal Rights Amendment federal Federalist Fourteenth Amendment Framers further Grover Rees Harvard Law Review Ibid interpretation Isaacson John judicial review Justice Laurence Tribe legislative legislatures Levinson limited convention Linder majority ment Miller Moreover Murphy Murphy's Ninth Amendment noted opinion overturn Philadelphia Revisited political questions doctrine popular sovereignty Praeger precedents procedures Process in American Prohibition Proposed Amendments provision ratification rejected rescind rescissions revolution revolutionary Rosen Senate specific stitution suggest Supreme Court three-fourths tution two-thirds U.S. Constitution University Press vention Vile vote Walter Dellinger William Yale Law Journal York