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The Article V Amendatory Constitutional Convention: Keeping the Republic in the Twenty-First Century
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Over the years, every state in the union has asked for a convention at one time or another. Congress has never acknowledged those requests or evaluated them. The history of the 1787 constitutional convention in Philadelphia shows that the founders intended the Article V convention to be a means for the states to seek amendments which the Congress refuses to consider.
The book describes the efforts of a number of citizens groups that are trying to get an Article V convention, and it describes the weaknesses and strengths of each. It comes to several conclusions:
A. That the Congress will never voluntarily call a convention no matter how many petitions are received, because a convention might propose amendments which would decrease the powers or prerogatives of Congress.
B. That the states have the right to call an Article V convention without the concurrence of the Congress whenever two-thirds of the states wish to participate.
C. That citizens of the several states have the constitutional right to organize a convention for proposing amendments, without the call of Congress or the approval of the state legislatures.
D. That no amendment proposed by a convention, of any kind, will become a part of the federal constitution unless it is ratified by three quarters of the states, as required by Article V.
The book urges the convening of a constitutional convention by the voluntary action of citizens, and recommends a number of matters that should be on its agenda.
- ISBN-101498501036
- ISBN-13978-1498501033
- PublisherLexington Books
- Publication dateOctober 8, 2014
- LanguageEnglish
- Dimensions6.35 x 0.75 x 9.43 inches
- Print length196 pages
Editorial Reviews
Review
Both the left and the right in American politics now seem to understand that something has gone horribly wrong with American government. The checks and balances in our Constitution are routinely evaded, and the separation of powers envisioned by the framers is in shambles. Many thoughtful scholars have wondered if perhaps the time is now right for us seriously to think about amending the Constitution, so that the American people themselves can determine what kind of a future as a nation they would like. The blueprint for this necessary exercise has now been splendidly supplied by Thomas E. Brennan, one of our most accomplished and provocative legal commentators. This book is now required reading for those who care about the future of our polity, and might just help Americans avoid Constitutional crisis. -- Stephen B. Presser, Northwestern University School of Law
For good reason few of the Framers would have imagined that we would go 225 years without a second constitutional convention. Justice Brennan is an ardent supporter of such a convention, and his arguments are well worth reading and attending to. -- Sanford Levinson, University of Texas at Austin
Judge Thomas E. Brennan’s enjoyable book is a common sense look at the prospects of a grassroots Article V convention. He grounds his analysis in the thoughts and writings of the Founders and makes a good case for why today's Congress will likely resist any attempts by the states to call a convention. As a result, Brennan argues that a strictly popular convention may be possible and necessary. Brennan also explores a myriad of possible amendment proposals aimed at sparking dialogue and deliberation rather than uniform agreement. Readers will appreciate Judge Brennan’s lively writing style, impressive breadth of knowledge, and his engaging sense of humor. This book is a must for those interested in understanding or exploring Article V convention possibilities. -- Darren Guerra, Biola University
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Product details
- Publisher : Lexington Books (October 8, 2014)
- Language : English
- Hardcover : 196 pages
- ISBN-10 : 1498501036
- ISBN-13 : 978-1498501033
- Item Weight : 15 ounces
- Dimensions : 6.35 x 0.75 x 9.43 inches
- Best Sellers Rank: #7,136,023 in Books (See Top 100 in Books)
- #2,171 in Constitutional Law (Books)
- #5,773 in Government
- #7,300 in General Constitutional Law
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- Reviewed in the United States on May 1, 2017The authors passion and plain spoken common sense comes through on every page. Highly recommended and worth the time to read
- Reviewed in the United States on September 3, 2015Impression: A chatty, off-the-cuff, inconsistent, but informative, opinionated, and thought provoking book. Judge Brennan (Former Chief Justice of the Michigan Supreme Court and founder of the Thomas M. Cooley Law School) early on offers his opinion that the U.S. Congress will never call an Article V amendment convention. He sprinkles suggested amendments throughout the book and reviews the various Article V efforts currently active. Mark Levin is mention with respect, as is COS and its leadership. There is a tabulation of grievances not dissimilar to Jefferson’s list in the Declaration of Independence (I have made my own, also, juxtapositoned with Jefferson’s). He has a website www.conventionusa.org which has as its purpose the recruitment of delegates to a Constitutional Convention. He is trying to recruit his replacement.
The judge is inconsistent in that he criticizes Levin’s suggested amendment on the bureaucracy for constitutionalizing the Congressional Committees (Brennan, 2014, p. 121) while advocating constitutionalizing 14 cabinet departments (Brennan, 2014, p. 119).
His view of what constitutes an Article V Convention seems to be any Convention convened by the people, with or without the cooperation of Congress; limitless, deliberative and unanswerable to any body (state or federal). Once assembled, they are empowered to examine all issues. His protection against the undesirable (i.e. amendments destructive of liberty and freedom) is the size of the assembly (he advocates thousands), a requirement for 2/3rds of the states to form a quorum, and the ratification process (suggesting that amendments be ratified by both modes; state legislatures and state conventions) to comply with the Article V Constitutional requirement.
His most out-side-the-box suggestion is for a permanent “Article V” Constitutional Convention composed of 6,166 delegates representing nominally 50,000 citizens from every county in the country