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.
"Born from bloodshed in March 1965, when six hundred black protestors marching for the right to vote in Selma, Alabama, were set upon by state troopers wielding clubs and tear...
When Congress passed a proposed Equal Rights Amendment to the Constitution in March 1972, a high level of optimism about ratification seemed well warranted. Steiner discusses what went wrong between...
A rising by the pro-gun lobby brings the government to its knees. The story begins when Henry Bowman, a geologist in Iowa, fires on federal agents, thinking they are terrorists.
In this provocative and lively book, John Seery presents the case for a constitutional amendment to lower the age barrier to eighteen, the same age at which citizens become eligible to vote. He divides his argument into three sections.
"This volume of essays is dedicated to George Soros in honor of his seventieth birthday.
Can constitutional amendments be unconstitutional?
In trying to correct this imbalance, the book also offers several ideas for reform.
Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power.
This volume presents the legal concepts of the Eighteenth and Twenty-first Amendments in an engagingly simplified, easily understandable way, while reflecting provisions in both the national and state curriculum standards.
In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application.