How Failed Attempts to Amend the Constitution Mobilize Political Change PDF
Preview How Failed Attempts to Amend the Constitution Mobilize Political Change
FAILED How ATTEMPTS to A MEN D the Constitution M O B I L I Z E Political Change R O G E R C . H A R T L E Y How Failed Attempts to Amend the Constitution Mobilize Political Change How Failed Attempts to Amend the Constitution Mobilize Political Change Roger C. Hartley Vanderbilt University Press | Nashville © 2017 by Vanderbilt University Press Nashville, Tennessee 37235 All rights reserved First printing 2017 This book is printed on acid-free paper. Manufactured in the United States of America Library of Congress Cataloging-in-Publication Data on file LC control number: 2016042797 LC classification number: KF4555 .H39 2017 Dewey classification number: 342.7303/2—dc23 LC record available at lccn.loc.gov/2016042797 ISBN 978-0-8265-2148-4 (hardcover) ISBN 978-0-8265-2149-1 (paperback) ISBN 978-0-8265-2150-7 (ebook) For Alice H. Cook and Herbert L. Sherman Jr. Labor Educators Contents Acknowledgments ix Introduction: The Problem 1 PART I. Lessons from the ERA 1 Amendment Efforts as a Movement-Building Resource 9 2 Amendment Efforts as a Resource for Expressing Dissent and Promoting Deliberation 34 PART II. Impact of Failed Amendment Efforts on Congressional Politics 3 Prodding Congress through Use of the Article V “Application Clause” 87 4 The Impact of Article V on Federal Legislation 109 PART III. Impact of Failed Amendment Efforts on Federal Executive Policy 5 Failed Amendment Efforts and the President’s War-Making and Foreign Relations Powers 131 Conclusion 157 Cases Cited 163 Notes 165 Bibliography 225 Index 241 Acknowledgments I am indebted to many people who assisted in this book’s conception and completion. My late faculty colleague Professor Stephen Goldman de- serves special thanks for his early encouragement to convert into a book preliminary ideas I initially thought were suited only for publication as a law journal article. Over countless afternoon discussions assisting me in refining my thesis, and by his reading and critiquing early draft chapters, Steve helped guide the structure and enhance the quality of the final ver- sion. In addition, I want to thank Steve Young, one of the extraordinarily talented reference librarians at Columbus School of Law of the Catholic University of America. Steve tracked down so many obscure references for me that I long ago lost count. For his talent and dogged persistence, I am both amazed and appreciative. I want to thank Deans Veryl Miles and Daniel Attridge and Associate Dean Marin Scordato who supported this effort by recommending and authorizing financial support from the Catholic University Faculty Research Fund. Countless friends and col- leagues have encouraged me along the way. They include Bill Osborne (and the entire Osborne/McArdle family), Dos Hatfield, and Scott Shelley. I ask indulgence and understanding of any who have been supportive but whom I inadvertently have failed to list. Upon reading the initial manuscript, Michael Ames, the Director of the Vanderbilt University Press, appreciated immediately the political potency of failed constitutional amendment ef- forts and helped move this project expeditiously to completion. Michael’s insights and masterful editing skills have left their tracings throughout the book. It is a markedly better book because of his input. And finally, with- out the patience and encouragement of my wife Catherine Mack this book could not have been written. ix
The list of books you might like
