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Conventional Wisdom - The Alternate Article V Mechanism for Proposing Amendments to the U.S. Constitution (Paperback)
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Conventional Wisdom - The Alternate Article V Mechanism for Proposing Amendments to the U.S. Constitution (Paperback)
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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 the convention itself, Vile's work will enhance modern
debates on the subject.
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