
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.
This book investigates the legal and political complexities surrounding the Article V convention clause as a mechanism for amending the United States Constitution. Russell L. Caplan, a legal scholar, utilizes historical analysis and constitutional theory to examine the recurring tension between state-led efforts to call a national convention and the resistance from Congress. He argues that the history of these convention drives reveals a persistent pattern of constitutional brinksmanship that challenges the balance of power between federal and state authorities.
What You Will Find
Legal scholars and political historians recognize this work as a foundational text for understanding the procedural and political hurdles of the Article V convention process. Experts frequently cite the book for its systematic approach to a historically neglected area of constitutional law.
Page Count:
264
Publication Date:
1988-12-08
Publisher:
Oxford University Press
ISBN-10:
019505573X
ISBN-13:
9780195055733
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