Contemporary Questions Surrounding the Constitutional Amending Process
Author | : John R. Vile |
Publisher | : Praeger |
Total Pages | : 208 |
Release | : 1993-06-30 |
ISBN-10 | : UOM:39015029712059 |
ISBN-13 | : |
Rating | : 4/5 (59 Downloads) |
Download or read book Contemporary Questions Surrounding the Constitutional Amending Process written by John R. Vile and published by Praeger. This book was released on 1993-06-30 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.