Constitutional Amendment Process

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.

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.

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.

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.

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.

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.