Contemporary Questions Surrounding the Constitutional Amending Process

A scholarly examination of the mechanisms for, history of, and contemporary issues surrounding the constitutional amending process.

This study examines contemporary questions surrounding the process by which the U.S. Constitution can be amended. 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.

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 proc