Description
Book SynopsisThis book describes the process of amending the federal constitution as defined in Article V by means of a convention for proposing amendments. It shows that the constitution can be amended in two ways: either by ratifying an amendment proposed by the Congress or by ratifying an amendment proposed by a convention. Article V requires the Congress to call a convention whenever the legislatures of two thirds of the states request one. The federal constitution has been amended twenty-seven times. All 27 amendments were proposed by the Congress. There has never been an Article V amendatory constitutional convention in the 230 year history of the nation.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 Con
Trade ReviewA long-time advocate of an Article V convention, Brennan (Convention USA) has written a useful overview of the arguments for amending the US Constitution through the employment of the Article V amendment process. That process—as stipulated in Article V of the Constitution—provides for the possibility of a convention to propose amendments to the Constitution if two-thirds of the state legislative bodies agree to its creation. As Brennan rightly notes, the ability of the states to call a convention is little known to the American public. However, to the framers it was important to allow the states and people to amend the Constitution under peaceful conditions. Brennan documents much of that history. The rest of the book advances Brennan’s strong support for an Article V convention and provides readers with suggested amendments to the Constitution. Clearly, Brennan is not neutral on this subject. That is not a failing. The book is . . . thought provoking, and Brennan offers an interesting means to remedy some of the failings of the federal government, political life, and, ultimately, the Constitution. Summing Up: Recommended. General readers, undergraduate students, and professionals. * CHOICE *
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 Law School
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
Table of ContentsPart I The Problem Chapter 1: Congress Shall, but Congress Won’t Chapter 2: We Can and We Will Chapter 3: The Ayes and Nays Chapter 4: Reasoning Together Part II The Agenda Chapter 5: Legislative Reform Chapter 6: Executive Reform Chapter 7: Judicial Reform Part III The Solution Chapter 8: Federalism Chapter 9: The Convention
