Perfecting the Constitution : The Case for the Article V Amendment Process, P...

by Darren Patrick Guerra

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Perfecting the Constitution : The Case for the Article V Amendment Process, Paperback by Guerra, Darren Patrick, ISBN 1498515444, ISBN-13 9781498515443, Like New Used, Free shipping in the US He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development

• Publisher: Bloomsbury Publishing USA
• Year: 2015
• Binding: Paperback
• ISBN: 9781498515443
• Condition: Fine

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