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Constitutional Brinksmanship : Amending the Constitution by National Convention - Russell L. Caplan

Constitutional Brinksmanship

Amending the Constitution by National Convention

Hardcover

Published: 8th December 1988
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In this first systematic study of the legal problems relating to the convention clause, Russell Caplan shows that repeated constitutional crises have given rise to state drives for a national convention nearly every twenty years since the Constitution was enacted. He deftly examines the politics of constitutional brinksmanship between Congress and the states to reveal the ongoing tension between state and federal rights and constitutional tradition and reform.

"In this book, Russell Caplan has provided the first modern scholarly volume on the national constitutional convention contemplated in article V. It is an extremely useful addition to the literature of constitutional change."--Constitutional Commentary "An invaluable, informative volume on a troubling, increasingly important question....Notes, bibliography, and index are an excellent apparatus in this stimulating volume. Highly recommended for all levels."--Choice "[H]is very readable style makes his careful research accessible to a broad academic audience."--Millennium "Thoroughly researched, lucid, engagingly written. Caplan has an amazing grasp of both the historical antecedents of Article V and the current political realities of the convention resolution battle. It is 'must' reading for those who have been lured into the 'runaway convention' trap."--Lewis K. Uhler, President, The National Tax-Limitation Committee "An excellent and timely book. The author raises the key considerations that would inform future debates over calls for a constitutional convention. This makes a significant contribution to public law as studied by political scientists, historians, and law school professors. Highly readable and accessible to students and scholars."--David O'Brien, University of Virginia

History
Prelude to the Grand Conventionp. 3
Phladelphia and Afterp. 27
The Nineteenth Centuryp. 41
The Twentieth Centuryp. 61
Operating Principles
Judging Applicationsp. 93
Congress, the Courts, and the Presidentp. 115
The Convention's Proposing Agendap. 138
Conclusion: The Politics of Uncertaintyp. 159
Convention Applications of Virginia and New York, 1788-1789p. 165
Works Frequently Citedp. 169
Notesp. 173
Bibliographyp. 217
Indexp. 233
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780195055733
ISBN-10: 019505573X
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 264
Published: 8th December 1988
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 21.8 x 14.5  x 2.4
Weight (kg): 0.48