Contemporary Questions Surrounding the Constitutional Amending Process

By John R. Vile | Go to book overview
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Ackerman, Bruce: arguments for unlimitable convention addressed by Van Alstyne, 63; book and background, 79; critique of parliamentary democracy, 83; critiqued by Amar, 110-11; dualist democracy advocated, 79-80; evaluation and analysis of, 84-88; idea of multigenerational synthesis, 80; idea of private citizenship, 83; periods of higher lawmaking identified, 80, 83; problem of synthesis, 81-82; proposed new amending process, 84, 87; proposed new Bill of Rights, 84, 87; transformative amendments, 81; views different from Amar's, 102
Amar, Akil Reed: analysis of Pendelton's arguments, 103-4; arguments from Article VII, 105-6; arguments from other parts of Constitution, 107-8; "clever bundling" explained, 14n.29; critique of Ely, Bickel, Black, and Ackerman, 110-12; difficulties with his hypotheticals, 101-2; failure to address federalism issue adequately, 111; interpretations of the entrenchment clauses, 109-10; possible application of views to legislating, 115-16; possible consequences of accepting extraconstitutional change, 112-14; tension between view of popular sovereignty and natural rights, 114- 15; views on Constitutional Convention of 1787, 98-99, 102-5; views on extraconstitutional methods of amendment, 97, 108 amending process, difficulty of, 52, 146, 149n.56. See also individual amendments
American Bar Association, 55, 60
Aquinas, Thomas, 124n.130
Arendt, Hannah, 82
Article V (U. S. Constitution): antecedents, 1; origins of, 2-3; text of, 11n.8
Article VII (U.S. Constitution), 105-6
Articles of Confederation: amending process of, consistent with state sovereignty, 2; constitutional provisions of, 12nn.14, 15, 119 n.41; disregarded in writing Constitution, 85, 102; new


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