Constitutional Brinksmanship: Amending the Constitution by National Convention

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Oxford University Press, 08.12.1988 - 264 Seiten
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.

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Inhalt

Part II Operating Principles
91
Conclusion The Politics of Uncertainty
159
Appendix Convention Applications of Virginia and New York 17881789
165
Works Frequently Cited
169
Notes
173
Bibliography
217
Index
233
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Seite 55 - I will venture to add that to me the Convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions, originated by others, not especially chosen for the purpose, and which might not be precisely such as they would wish to either accept or refuse.
Seite 26 - May next a Convention of delegates who shall have been appointed by the several States be held at Philadelphia 2 for the sole and express purpose of revising the Articles of Confederation...
Seite 23 - States; to consider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony ; and to report to the several states such an act relative to this great object as, when unanimously ratified by them, will enable the United States in Congress assembled effectually to provide for the same...
Seite 47 - That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
Seite 24 - May next, to take into consideration the situation of the United States; to devise such further provisions as shall appear to them necessary to render the constitution of the Federal Government adequate to the exigencies of the Union...
Seite 57 - Upon the demand of any three States, legally assembled in their several Conventions, the Congress shall summon a Convention of all the States, to take into consideration such amendments to the Constitution as the said State shall concur in suggesting at the time when the said demand is made...
Seite 26 - Whereas, there is provision in the articles of Confederation and perpetual Union, for making alterations therein, by the assent of a Congress of the United States, and of the legislatures of the several States; and whereas experience hath evinced that there are defects in the present Confederation; as a mean to...
Seite 47 - True, there must ; but does that prove it is either party ? The ultimate arbiter is the people of the Union, assembled by their deputies in convention, at the call of Congress, or of two-thirds of the States. Let them decide to which they mean to give an authority claimed by two of their organs.
Seite 14 - But the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject.
Seite 43 - But we thought it best to declare openly and firmly, one and all, that the day such an act passed the Middle States would arm, and that no such usurpation, even for a single day, should be submitted to. This first shook them; and they were completely alarmed at the resource for which we declared, to wit, a convention to reorganize the government and to amend it. The very word convention gives them the horrors, as in the present democratical spirit of America they fear they should lose some of the...

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