Contemporary Questions Surrounding The Constitutional Amending Process

1. The Origins And History Of The Constitutional Amending Process In America : Antecedents To Article V ; The Article V Amending Process ; The Bill Of Rights ; The Eleventh And Twelfth Amendments ; The Nineteenth Century And Amendments Thirteen Through Fifteen ; The Progressive Era Amendments ; From The Progressive Era To The Twenty-sixth Amendment ; Recent Amending Controversies -- 2. The Question Of Justiciability: Which Branch Of Government Should Have The Ultimate Say Over Issues Involving The Amending Process? : Coleman V. Miller And The Political Questions Doctrine ; Three Contemporary Cases And The Political Questions Doctrine ; Dyer V. Blair ; Idaho V. Freeman And The Political Questions Doctrine ; Walter Dellinger And The Political Questions Doctrine ; Grover Rees Iii And The Political Questions Doctrine ; Laurence Tribe And The Political Questions Doctrine ; Conclusion -- 3. The Question Of Standards: What Rules Are Most Appropriately Applied To Procedural Issues Surrounding The Amending Process? : Rees's Three Models Of The Amending Process ; Dellinger's Formalistic Model And Its Application ; Dyer V. Blair And Idaho V. Freeman Revisited ; Coleman V. Miller Revisited ; Other Issues: The Wisdom Of Adhering To Judicial Precedents -- 4. The Question Of Safety: Are There Adequate Rules And Enforceable Limits On Article V Conventions? : Issues And Frameworks ; The Constitutional Text And History ; Dellinger's Formalistic Model And Unlimited Constitutional Conventions ; Charles Black's Arguments For An Unlimitable Article V Convention ; Walter Dellinger's Arguments For An Unlimitable Constitutional Convention ; William Van Alstyne's Arguments For A Limited Article V Convention ; Grover Rees's Arguments For A Limited Convention Option ; Paul Weber And Barbara Perry Assess The Political Safety Of Constitutional Conventions ; The Desirability Of Legislation ; The Division Of State And Congressional Responsibility ; Conclusion -- 5. The Question Of Exclusivity: Can Any Constitutional Changes Be Adopted Without Using Article V? : Judicial Review And The Amending Process ; Stephen Markman's Arguments For Judicial Restraint ; Sanford Levinson And Constitutional Change ; Bruce Ackerman's Book, First Half ; Bruce Ackerman's Book, Second Half ; Evaluation ; Robert Lipkin And The Idea Of Constitutional Revolutions --^ 6. The Question Of Exclusivity: The Arguments Of Akil Reed Amar : The Precedent Of 1787 ; The Inadequacy Of Comparisons With The States ; Hypothetically Speaking ; Legitimate But Not Legal: Philadelphia Revisited ; The Dubious Evidence From The Founders: Too Much Reliance On Too Little ; The Dubious Arguments From Article Vii ; Additional Evidence From The Constitution: All But The Kitchen Sink ; Federalism And Its Emphasis On Nationally Distributed Majorities ; Retrenching The Entrenchment Clauses ; Throwing Stones From A Glass House ; Some Horribles Were Not Invited To This Parade ; Popular Sovereignty Versus Natural Rights ; Amending Today, Legislating Tomorrow? --^ 7. The Question Of Limitations: Are There Implicit Restraints On The Constitutional Amending Process? : The Constitutional Convention Agrees To Two Entrenchment Clauses ; The Status Of The Entrenchment Clauses ; Early Debates About Implicit Constitutional Restraints On The Constitutional Amending Process: John C. Calhoun And Thomas Cooley ; Arguments From Implied Restraints Applied To Progressive Era Amendments: William Marbury And Selden Bacon ; Walter Murphy's Arguments For Implicit Constitutional Restraints On The Constitutional Amending Process ; Problems With Murphy's Analysis ; Application Of Implicit Limits To The Flag-burning Controversy ; Eric Isaacson's Arguments ; Problems With Isaacson's Analysis ; Jeff Rosen's Arguments ; Problems With Rosen's Arguments ; Flaws In The Notion Of Inherent Limits On The Amending Process ; Douglas Linder Denies The Possibility Of Additional Entrenchment Clauses ; Critique Of Linder's View ; Are Further Remedies Needed? John R. Vile. Includes Bibliographical References (p. [155]-169) And Index.