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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…mehr

Produktbeschreibung
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.
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Autorenporträt
JOHN R. VILE (Ph.D., UVA) is Dean of the Honors College at Middle Tennessee State University. He is the author of A Constellation of Great Men: Exploring the Character Sketches of Dr. Benjamin Rush of Pennsylvania of the Signers of the Declaration of Independence (2019), The Declaration of Independence: America's First Founding Document in U.S. History and Culture (2019), The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding (2016), The Wisest Council in the World: Restoring the Character Sketches by William Pierce of Georgia of the Delegates to the Constitutional Convention of 1787 (2015), and numerous books on the U.S. Constitution.