Read complete books and articles on: Constitutional Amendment Process

Amendment - in law, alteration of the provisions of a legal document. The term usually refers to the alteration of a statute or a constitution, but it is also applied in parliamentary law to proposed changes to a bill or motion under consideration, and in judicial procedure to the correction of errors. A statute may be amended by the passage of an act that is identified specifically as an

15 of the Best Books and Articles on: Constitutional Amendment Process

as selected by Questia librarians

1.

The Constitutional Amending Process in American Political Thought » Read Now
by John R. Vile. 210 pgs.

Collections: History, Entire Library

This book is the first full-length work to present debates over the constitutional amending process as a perennial theme in American political thought. Beginning with a discussion of the views of political philosophers, publicists, and legal commentators who may have influenced the views of legal...
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This book is the first full-length work to present debates over the constitutional amending process as a perennial theme in American political thought. Beginning with a discussion of the views of political philosophers, publicists, and legal commentators who may have influenced the views of legal change held by the American Founding Fathers, the work proceeds to look at the historical influences on and discussions surrounding the amending process that was incorporated into Article V of the U.S. Constitution. The reader will gain a new respect for the way the amending process has served and still serves as a "safety valve" for constitutional change in the United States without permitting ill-considered or hastily conceived modifications.
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2.

Contemporary Questions surrounding the Constitutional Amending Process » Read Now
by John R. Vile. 184 pgs.

Collections: Entire Library

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...
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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.
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3.

Responding to Imperfection: The Theory and Practice of Constitutional Amendment » Read Now
by Sanford Levinson. 320 pgs.

Collections: History, Entire Library

It was a fundamental breakthrough in American constitutional theory, manifested originally in the drafting of state constitutions, that the 'rules of government' would be decidedly 'alterable' through a stipulated legal process.
4.

Why Era Failed: Politics, Women's Rights, and the Amending Process of the Constitution » Read Now
by Mary Frances Berry. 147 pgs.

Collections: History, Entire Library

...controversial proposed amendments to the federal...the amending process from the Constitutional Convention to...History of the Constitutional Amendment Process In the...
5.

Constitutional Change in the United States: A Comparative Study of the Role of Constitutional Amendments, Judicial Interpretations, and Legislative and Executive Actions » Read Now
by John R. Vile. 158 pgs.

Collections: History, Entire Library

The processes of constitutional change in America are particularly difficult to understand because of the constant interaction between the constitutional document of 1787 and the wider set of understandings and practices surrounding that document. This work is the first to examine systematically the...
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The processes of constitutional change in America are particularly difficult to understand because of the constant interaction between the constitutional document of 1787 and the wider set of understandings and practices surrounding that document. This work is the first to examine systematically the relationship between changes initiated by constitutional amendment and changes initiated by judicial interpretations or actions of the two elected branches of government. By examining and comparing all three mechanisms of constitutional revision, Vile offers a more complex and dynamic analysis of this important constitutional issue than can be found elsewhere in the literature.
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6.

The Political Implications of Amending Clauses, in Constitutional Commentary » Read Now
by Sanford Levinson. 17 pgs.

Collections: Entire Library

...more difficult process of amendment for things we...for all other constitutional provisions...Analysis of the Constitutional Amendment Process, 62 Fordham L...Legitimacy of...
7.

Stopping Time: The Pro-slavery and "Irrevocable" Thirteenth Amendment, in Harvard Journal of Law & Public Policy » Read Now
by A. Christopher Bryant. 49 pgs.

Collections: Entire Library

...the Article V Constitutional Amendment Process?, 41 WM. MARY...Analysis of the Constitutional Amendment Process, 62 FORDHAM L...Legitimacy of Constitutional Change:...
8.

Voter Knowledge and Constitutional Change: Assessing the New Deal Experience, in William and Mary Law Review » Read Now
by Ilya Somin. 80 pgs.

Collections: Entire Library

...majoritarian voting processes. (14) Article V requires constitutional amendments to run the forbidding...supermajority procedure for constitutional Amendments and perhaps...
9.

Rewriting the United States Constitution: An Examination of Proposals from Reconstruction to the Present » Read Now
by John R. Vile. 202 pgs.

Collections: Entire Library

In this unique historical work, Vile analyzes over forty proposals to rewrite the U.S. Constitution. In each case he examines the substance of the proposal, the author's goals and methods as well as response to the proposal and its overall influence. He concludes that the Constitution in its current...
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In this unique historical work, Vile analyzes over forty proposals to rewrite the U.S. Constitution. In each case he examines the substance of the proposal, the author's goals and methods as well as response to the proposal and its overall influence. He concludes that the Constitution in its current form faces no immediate threats, but that it is important to understand alternative forms of government and the basis for their support. When constitutional change ultimately does come, earlier criticisms and suggestions may help to set the agenda.
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10.

The United States Constitution: Questions and Answers (Chap. 5 "Articles IV, V, VI, and VII: Federalism, the Amending Process, Miscellaneous Matter, and Ratification") » Read Now
by John R. Vile. 320 pgs.

Collections: History, Entire Library

BL What famous American refused to attend the Constitutional Convention because he "smelt a rat?" BL Why was a Bill of Rights omitted from the original Constitution? BL Can a president be sued for actions he takes in office? BL On what grounds may Congress punish its members? BL Where did the...
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BL What famous American refused to attend the Constitutional Convention because he "smelt a rat?" BL Why was a Bill of Rights omitted from the original Constitution? BL Can a president be sued for actions he takes in office? BL On what grounds may Congress punish its members? BL Where did the expression "separate but equal" originate? BL Do juvenile defendants have the same constitutional protection as adults? BL Is obscenity protected by the First Amendment freedoms of speech and press? BL What is the Lemon test? BL What is the only Constitutional Amendment that has been ratified by special state conventions rather than by state legislatures? These and other provocative questions are answered in this easy-to-follow guide that makes learning about the Constitution fun for students. Written clearly, this guide addresses those topics of the Constitution students inquire most about, from its origins and background through the adoption of the 27th Amendment. The information in each chapter is organized in a logical progression to carry the reader along to a basic understanding of the provisions and is peppered with fascinating facts and intriguing legal interpretations of topics of interest to young adults.
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11.

A Companion to the United States Constitution and Its Amendments (Chap. 6 "Articles V-VII: The Amending Provision and Miscellaneous Matters") » Read Now
by John R. Vile. 288 pgs.

Collections: Entire Library

...Constitution and its amendment, John R...United States--Constitutional law. 2. United...reproduced, by any process or technique...theme of constitutional amendment and...
12.

Pragmatism in Law and Society (Chap. 15 "A Multiple Choice Test: How Many Times Has the U.S. Constitution Been Amended?") » Read Now
by Michael Brint, William Weaver. 404 pgs.

Collections: Philosophy, Entire Library

...the form of our constitutional law is what it...of the Judicial Process is on the common...and of course constitutional cases as they...replacement by the legal process...
13.

The Day After: Do We Need a "Twenty-Eighth Amendment?", in Constitutional Commentary » Read Now
by Joel B. Grossman, David A. Yalof. pgs.

Collections: Entire Library

...and by what processes? Whether...discussion a draft constitutional amendment that articulates...But clear constitutional language...proposed amendment is an...
14.

Treating the Pen and the Sword as Constitutional Equals: How and Why the Supreme Court Should Apply Its First Amendment Expertise to the Great Second Amendment Debate, in William and Mary Law Review » Read Now
by David G. Browne. 32 pgs.

Collections: Entire Library

...criminally, but would have great utility on a constitutionally protected military arm. (133.) See...See 18 U.S.C. section 922 (2000). The process required to obtain one is...
15.

Failed Amendments to the Constitution - A Look at the Various Crusades to Introduce Amendments That Failed, in World and I » Read Now
by Morton Keller. Multiple pgs.

Collections: Entire Library

...an Equal Rights Amendment to create a constitutional safeguard against discrimination on...the child labor and the equal-rights amendments, and together they tell us much...