The Law of Article V
Title | The Law of Article V PDF eBook |
Author | ROBERT G. NATELSON |
Publisher | |
Pages | 148 |
Release | 2018-11-30 |
Genre | |
ISBN | 9781728867885 |
It's possible: we Americans can fix our broken federal government. Our Founders made sure of it. For 50 years, political insiders have been trying to suppress all knowledge of how to reform our government. No longer! In this book, America's leading active scholar on the constitutional amendment process reveals how we can bypass Congress to win the reforms we need. Relying on three centuries of history, over two centuries of decided case law, and vast historical and legal research, Professor Natelson answers such questions as: * How does the Constitution let us bypass Congress to get the reforms we need? * What exactly is a "convention for proposing amendments"--and what it is not? * How is the convention organized and governed? * What are the legal rules governing the process? * Which writings about the amendment process are reliable--and which are just propaganda? The Law of Article V is an indispensable guide for all Americans who love their country.
Perfecting the Constitution
Title | Perfecting the Constitution PDF eBook |
Author | Darren Patrick Guerra |
Publisher | Lexington Books |
Pages | 253 |
Release | 2013-06-10 |
Genre | Law |
ISBN | 0739183869 |
He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.
Responding to Imperfection
Title | Responding to Imperfection PDF eBook |
Author | Sanford Levinson |
Publisher | Princeton University Press |
Pages | 341 |
Release | 1995-01-24 |
Genre | Law |
ISBN | 1400821630 |
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.
Oregon Blue Book
Title | Oregon Blue Book PDF eBook |
Author | Oregon. Office of the Secretary of State |
Publisher | |
Pages | 232 |
Release | 1895 |
Genre | Oregon |
ISBN |
The Article V Convention for Proposing Constitutional Amendments
Title | The Article V Convention for Proposing Constitutional Amendments PDF eBook |
Author | Thomas H. Neale |
Publisher | |
Pages | 25 |
Release | 2012-12-12 |
Genre | |
ISBN | 9781457836558 |
Guide to the First Article V Convention of the People
Title | Guide to the First Article V Convention of the People PDF eBook |
Author | Daniel Tekunoff |
Publisher | Createspace Independent Publishing Platform |
Pages | 268 |
Release | 2018-03-27 |
Genre | |
ISBN | 9781546598046 |
When Daniel J. Tekunoff first discovered the defect in Article V of the US Constitution, he didn't know if there would ever be a feasible solution. It would take him five years to craft the best way to fix the serious issues the article raises. Article V has one major problem: it does not provide a method for electing delegates to a future Article V convention. Tekunoff proposes a simple solution. He wants to create a new amendment called the Tricameralism Amendment. In his new guide, Tekunoff takes you step by step through the legal and constitutional history that makes such an amendment not only possible but necessary. Tekunoff covers · the structural defects of the Constitution, · the history of the Bill of Rights and Congress's failure to complete it, · the importance of organizing a new constitutional convention, · the benefits and intricacies of the Tricameralism Amendment, · the concept of American exceptionalism, and · the resources you need to fully understand the facts and petition your own representatives for a new convention. Tekunoff's work gives you new insight not only into Article V but also into the Constitution as the foundation for American politics.
Conventional Wisdom
Title | Conventional Wisdom PDF eBook |
Author | John R. Vile |
Publisher | University of Georgia Press |
Pages | 285 |
Release | 2016 |
Genre | Law |
ISBN | 0820349003 |
Vile surveys more than two centuries of scholarship on Article V 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.