Perfecting the Constitution - The Case for the Article V Amendment Process (Paperback)

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.

General

Imprint:	Lexington Books
Country of origin:	United States
Release date:	March 2015
Authors:	Darren Patrick Guerra
Dimensions:	229 x 151 x 19mm (L x W x T)
Format:	Paperback
Pages:	254
ISBN-13:	978-1-4985-1544-3
Categories:	Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state Books > Social sciences > Politics & government > Political structure & processes > Democracy Books > Social sciences > Politics & government > Central government > General Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
LSN:	1-4985-1544-4
Barcode:	9781498515443

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