Constitutional Brinksmanship: Amending the Constitution by National Convention

Hardcover | April 30, 1999

byRussell L. Caplan

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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 thepolitics 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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From Our Editors

Drawing on essential historical records--many newly discovered or published--and citing relevant judicial precedents, this book is the first systematic exposition of the legal problems relating to the convention clause. Constitutional historian Russell Caplan examines the constitutional crises that have let to convention drives--from t...

From the Publisher

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 thepolitics of constitutional brinksmanship between C...

Russell L. Caplan is at US Department of Justice.
Format:HardcoverDimensions:264 pages, 8.54 × 5.75 × 0.98 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:019505573X

ISBN - 13:9780195055733

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From Our Editors

Drawing on essential historical records--many newly discovered or published--and citing relevant judicial precedents, this book is the first systematic exposition of the legal problems relating to the convention clause. Constitutional historian Russell Caplan examines the constitutional crises that have let to convention drives--from the antifederalist movement of the 1780s to the recent campaigns to abolish the one-person, one-vote rule and prohibit abortion, showing how state drives for a constitutional convention, which occur on a regular basis, have been crucially affected by advocacy from partisans and opponents alike that obscures the true legal issues and dictates the course of these (so far) unsuccessful campaigns.

Editorial Reviews

"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 readableand accessible to students and scholars."--David O'Brien, University of Virginia