Constitutional amendments, like all laws, may lead to unanticipated
and even undesired outcomes. In this collection of original essays,
a team of distinguished historians, political scientists, and legal
scholars led by award-winning constitutional historian David E.
Kyvig examines significant instances in which reform produced
something other than the foreseen result. An opening essay examines
the intentions of the Constitution's framers in creating an
amending mechanism and then explores unexpected uses of that
instrument. Thereafter, authors focus on the Bill of Rights and
subsequent amendments, addressing such subjects as criminal justice
procedures, the presidential election system, the Civil War's
impact on race and gender relations, the experiment in national
prohibition, women's suffrage, and, finally, limits on the
presidency.
Together these contributions illuminate aspects of
constitutional stability and evolution, challenging current
thinking about reform within the formal system of change provided
by Article V of the Constitution. Forcefully demonstrating that
constitutional law is not immune to unanticipated consequences, the
eight scholars underscore the need for care, responsibility, and
historical awareness in altering the nation's fundamental law.
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