Contemporary Questions Surrounding the Constitutional Amending Process

Synopsis

This study examines the contemporary questions surrounding the process by which the U.S. Constitution can be amended. Beginning with the 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: whether this is cause to fear an Article V convention. 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.

Additional information

Contributors:
Publisher: Place of publication:
  • Westport, CT
Publication year:
  • 1993