Conventional Wisdom
The Alternate Article V Mechanism for Proposing Amendments to the U.S. Constitution
Format:Paperback
Publisher:University of Georgia Press
Published:1st May '20
Currently unavailable, and unfortunately no date known when it will be back
An insightful examination on the debates surrounding the right of the people to propose changes to the U.S. Constitution
Surveys more than two centuries of scholarship on Article V of the US Constitution and concludes that the weight of the evidence indicates that states and Congress have the legal right to limit the scope of such conventions to a single subject and that political considerations would make a runaway convention unlikely.
Article V of the Constitution allows two-thirds majorities of both houses of Congress to propose amendments to the document and a three-fourths majority of the states to ratify them. Scholars and frustrated advocates of constitutional change have often criticized this process for being too difficult. Despite this, state legislatures have yet to use the other primary method that Article V outlines for proposing amendments: it permits two-thirds of the state legislatures to petition Congress to call a convention to propose amendments that, like those proposed by Congress, must be ratified by three-fourths of the states.
In this book, John R. Vile surveys more than two centuries of scholarship on Article V and concludes that the weight of the evidence (including a much-overlooked Federalist essay) indicates that states and Congress have the legal right to limit the scope of such conventions to a single subject and that political considerations would make a runaway convention unlikely. Charting a prudent course between those who fail to differentiate revolutionary change from constitutional change, those who fear ever using the Article V convention mechanism that the Framers clearly envisioned, and those who would vest total control of the convention in Congress, the states, or thebconvention itself, Vile’s work will enhance modern debates on the subject.
Vile provides a methodical, expert, and very fair-minded analysis of the process of amending the U.S. Constitution through a state-initiated national convention. . . . This timely, useful book will interest scholars of public and constitutional law as well as those general readers who avidly devour books on the Constitution.
* ChoiISBN: 9780820357850
Dimensions: unknown
Weight: unknown
288 pages