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Russell L. Caplan
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Constitutional Brinksmanship: Amending the Constitution by National Convention

by Russell L. Caplan (Author)
4.1 4.1 out of 5 stars 8 ratings
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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 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.
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  1. ISBN-10
    019505573X
  2. ISBN-13
    978-0195055733
  3. Publisher
    Oxford University Press
  4. Publication date
    December 8, 1988
  5. Language
    English
  6. Dimensions
    8.6 x 0.95 x 5.81 inches
  7. Print length
    264 pages
  8. See all details
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Editorial Reviews

Review

"In this book, Russell Caplan has provided the first modern scholarly volume on the national constitutional convention contemplated in article V. It is an extremely useful addition to the literature of constitutional change."--Constitutional Commentary"An invaluable, informative volume on a troubling, increasingly important question....Notes, bibliography, and index are an excellent apparatus in this stimulating volume. Highly recommended for all levels."--Choice"[H]is very readable style makes his careful research accessible to a broad academic audience."--Millennium"Thoroughly researched, lucid, engagingly written. Caplan has an amazing grasp of both the historical antecedents of Article V and the current political realities of the convention resolution battle. It is 'must' reading for those who have been lured into the 'runaway convention' trap."--Lewis K. Uhler, President, The National Tax-Limitation Committee"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 readable and accessible to students and scholars."--David O'Brien, University of Virginia

From the Back Cover

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.

Product details

  • Publisher ‏ : ‎ Oxford University Press (December 8, 1988)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 264 pages
  • ISBN-10 ‏ : ‎ 019505573X
  • ISBN-13 ‏ : ‎ 978-0195055733
  • Item Weight ‏ : ‎ 1.05 pounds
  • Dimensions ‏ : ‎ 8.6 x 0.95 x 5.81 inches
  • Customer Reviews:
    4.1 4.1 out of 5 stars 8 ratings

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Russell L. Caplan

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Customer reviews

4.1 out of 5 stars
8 global ratings

Top reviews from the United States

C. Hooper
5.0 out of 5 stars Most helpful
Reviewed in the United States on March 23, 2010
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I am the author of the Next American Revolution: How to Demand Congressional Reform Now. Indispensable to any study of Article V conventions, Caplan's book begins with a brief history of conventions in America. It ends with a discussion of the value of the uncertainty about conventions and how that uncertainty impacts state/federal relationships. In between he discusses the relationship of conventions to other branches of government, the processes of calling a convention, and many other nice nuggets of information. All the while he folds in a discussion of the Founding Fathers' 1787 convention and the political forces guiding the original and any possible modern convention. I'm very pleased to cite him as a reference in my book, because no discussion about Article V could lead Caplan's book out.
9 people found this helpful
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Afterthot
4.0 out of 5 stars Research vs. Reality
Reviewed in the United States on December 24, 2012
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I have given this book a Four Star rating because the author, Russell L. Caplan, has done an excellent job of researching a rather obscure subject: the implications of calling a new federal convention for making constitutional amendments. The fact that such a conclave has not assembled since 1787, left the author entirely in the theoretical realm respecting what might occur if a convention were to be called in 1988 (the time of the book's publication).
His work was timely because culminating in 1988, 32 state legislatures had applied to Congress to call a convention pursuant to the second method of amendment provided under Article V of the Constitution. This was only two states short of the 34 (two-thirds) required to trigger a convention.
Since much has happened since the book was published, and the promoters of the convention failed to get two more states to join with them, it's no longer a "brinksmanship" issue. Nevertheless a con con movement (as it is called) is likely to arise again, and needs a better informed and more alert public to deal with it.
What then is the value of a 24 year-old book on a non-current issue? 1) there is hardly any thorough research on the history of U.S. convention movements and Caplan's work has filled that gap as a valuable historic reference. 2) there was almost no public knowledge regarding this movement (1974 to 1988), an event that could have resulted in irreparable damage to our Constitution. There needs to be greater public awareness of games (Constituional Brinksmanship) that are foolishly played with the foundation of the American repubulic.
Why not a Five Star rating? Because Mr. Caplan was not very realistic. His whole premise was based on the assumption that Congress would heed a constitutional amendment requiring a balanced federal budget. He had obviously paid little attention to congressional voting records. Out of the 435 House members only five or six pay (then and now) attention to the Constitution and vote accordingly. In the Senate, it's even less. So does anyone in the world believe that Congress would pay any more heed to a new 28th Amendment than it pays to the basic 225 year-old document? Members of Congress no longer watch the Constitution -- they are too busy watching the applause meter at the White House.
8 people found this helpful
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Eros Faust
2.0 out of 5 stars An Unsympathetic View of the Democratic Process
Reviewed in the United States on July 2, 2015
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I was hoping to find logical support for a Constitutional Convention but found none. The author, a former DOJ attorney, is of the view that democracy is too dangerous a tool to be left in the hands of the people, and that the nation is much better off permitting an enlightened group of nine unelected judges wet their collective fingers, hold them to the prevailing political winds, and announce what the Constitution really means. I think I'll pass.
6 people found this helpful
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JohnnyDollar74
5.0 out of 5 stars Excellent. Would recommend
Reviewed in the United States on January 1, 2015
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Excellent. Would recommend, regardless of what side of the convention argument one falls on. I'm personally against amending by convention Good resource.
One person found this helpful
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A Hamilton
4.0 out of 5 stars A must-read for those interested in a Convention of States
Reviewed in the United States on March 25, 2015
Verified Purchase
The most comprehensive book I've found on the subject of an Article V Convention of States. Very thorough, but not as "readable" as I'd have liked. Still, if the subject interests you, this is a must-read.
2 people found this helpful
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Gary R. Porter
5.0 out of 5 stars Grat survey of the subject!
Reviewed in the United States on February 26, 2014
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Unbiased and complete. If you want to understand the historical background to Article V conventions, there is no bette book I've found.
2 people found this helpful
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Amazon Customer
4.0 out of 5 stars Four Stars
Reviewed in the United States on December 30, 2016
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Good book, and good quality from the shipper.
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