Unintended Consequences of Constitutional Amendment
Title Details
Pages: 272
Trim size: 6.000in x 9.000in
Formats
Paperback
Pub Date: 08/01/2000
ISBN: 9-780-8203-2191-2
List Price: $34.95
Hardcover
Pub Date: 04/01/2017
ISBN: 9-780-8203-5269-5
List Price: $88.95
Unintended Consequences of Constitutional Amendment
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- Description
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- Contributors
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.
This collection will be welcomed by constitutional historians and other scholars. Kyvig's idea of drawing together the experience of several important amendments is unique and important.
—Melvin I. Urofsky, Director Doctoral Program in Public Policy and Administration, Center for Public Policy, Virginia Commonwealth University
Given the recent clamor for constitutional amendment, the book’s title—and the reminder of its issues—is sufficient cause to hope it is widely distributed on Capitol Hill. That said, there is much to be gained from examining the fine essays that David E. Kyvig has collected. The title raises a difficult question: what counts as an unintended consequence? Wisely, Kyvig does not limit the authors to any particular conception of unintended consequences. Their free-ranging inquiry into the consequences of various constitutional amendments yields a bounty of useful insights.
—Journal of American History
David Bodenhamer
David Currie
Donald G. Nieman
Mary Farmer
Richard Aynes
Suzanne M. Marilley
Richard F. Hamm