
Unintended Consequences of Constitutional Amendment
David E. Kyvig(Editor)
University of Georgia Press
Published on 1. August 2000
Book
Paperback/Softback
272 pages
978-0-8203-2191-2 (ISBN)
Description
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.
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.
Reviews / Votes
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. -- <i>Journal of American History</i>More details
Language
English
Place of publication
Georgia
United States
Target group
College/higher education
Professional and scholarly
Product notice
Paperback (trade)
Dimensions
Height: 227 mm
Width: 151 mm
Thickness: 20 mm
Weight
431 gr
ISBN-13
978-0-8203-2191-2 (9780820321912)
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Schweitzer Classification
Persons
DAVID E. KYVIG is a professor of history at Northern Illinois University. He is the author of Repealing National Prohibition and Explicit and Authentic Acts: Amending the U.S. Constitution, 1776-1995, which received the 1997 Bancroft and Henry Adams Prizes.