The Constitution in jeopardy An unprecedented effort to rewrite our fundamental law and what we can do about it

Russ Feingold, 1953-

Book - 2022

"A former U.S. senator joins a legal scholar to examine a hushed effort to radically change our Constitution, offering a warning and a way forward. Over the last two decades, a fringe plan to call a convention under the Constitution's amendment mechanism--the nation's first ever--has inched through statehouses. Delegates, like those in Philadelphia two centuries ago, would exercise nearly unlimited authority to draft changes to our fundamental law, potentially altering anything from voting and free speech rights to regulatory and foreign policy powers. Such a watershed moment would present great danger, and for some, great power. In this important book, Feingold and Prindiville distill extensive legal and historical research ...and examine the grave risks inherent in this effort. But they also consider the role of constitutional amendment in modern life. Though many focus solely on judicial and electoral avenues for change, such an approach is at odds with a cornerstone ideal of the Founding: that the People make constitutional law, directly. In an era defined by faction and rejection of long-held norms, The Constitution in Jeopardy examines the nature of constitutional change and asks urgent questions about what American democracy is, and should be"--

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Subjects
Published
New York : PublicAffairs, an imprint of Perseus Books, LLC, a subsidiary of Hachette Book Group, Inc 2022
Language
English
Main Author
Russ Feingold, 1953- (author)
Other Authors
Peter Prindiville (author)
Edition
First edition
Physical Description
xxi, 286 pages : illustrations ; 25 cm
Bibliography
Includes bibliographic references (pages 229-276) and index.
ISBN
9781541701526
  • Prologue
  • Important Events
  • Introduction
  • Part 1. Foundations
  • 1. Bloodless Revolution: The Radical Idea of Peaceful Constitutional Change
  • 2. Compromise and Tension: The Creation of Article V
  • Part 2. Constitutional Amendment: Dismissed and Misunderstood
  • 3. The Archaics: Some Trouble with Conventional Wisdom
  • 4. A Sleeping Giant: The Enduring Importance of Article V and the Convention Route
  • Part 3. A Warning
  • 5. What Trump and the Tea Party Couldn't Do: The Modern Conservative Push and the Mirage of a Limited Constitutional Convention
  • 6. Counting to Thirty-Four: Constitutional Mathematics and Its Dangerous Flaws
  • 7. "We the People" in Perilous Times: A Constitutional Convention in an Era of Faction
  • Part 4. A Way Forward
  • 8. The Constitution in Jeopardy: Article V in the Twenty-First Century
  • 9. Revolution, Revisited: Toward a New Constitutional Politics
  • Epilogue
  • Acknowledgments
  • Appendix: The Constitution of the United States
  • Illustration Credits
  • Notes
  • Index
Review by Booklist Review

Call it the linchpin of democracy. Simply stated, Article V is the mechanism by which the country can address bedrock issues through the passage of amendments to the Constitution. As with all tools of governance, however, it can be unwieldy and prone to manipulations that serve special interests. At a time when congressional gridlock has mired the country in a prolonged period of "do-nothingism," in which not even popular legislation is passed, the notion of substantive congressional reform through Article V's amendment process strikes many as moot. To understand this key constitutional provision, former U.S. Senator Feingold and attorney Prindiville delve into its history, beginning with the founders' intent; analyze periods when numerous amendments were enacted; and consider the future of such procedures, given today's hyperpartisanism and challenges to democracy. Prindiville's keen legal curiosity paired with Feingold's esteemed career commitment to constitutional security offers a comprehensive, clear, and compelling study of the Constitution's creation and contemporary influences. Vast in scope yet precise in analysis, this accessible yet meticulous treatise will engage legal and political experts while attracting and enlightening a wide spectrum of concerned citizens. A richly rewarding examination of why understanding the past is key to shaping the future.

From Booklist, Copyright (c) American Library Association. Used with permission.
Review by Kirkus Book Review

The history and meaning of a problematic constitutional provision. Feingold, a senator for nearly 20 years and president of the American Constitution Society, and attorney Prindiville examine Article V of the U.S. Constitution with the aim of provoking discussion about its "dangers and possibilities." Article V, they explain, allows for changes to the Constitution by creating "a two-route amendment method," by which amendments can be "proposed both bottom-up by the people of the states and top-down by Congress." If two-thirds of states concur, they can apply to hold a convention to revise the Constitution, restructure elements of government, and create or limit constitutional rights. Such a convention has never been held, and only 27 amendments--out of more than 11,000 proposed in Congress--have been ratified. These, the authors note, "have advanced freedom, equality, and prosperity by strengthening federal power" and enabling government "to address new challenges." The authors are alarmed, however, by far-right proponents who see Article V as a way to enact radical proposals, including "new state authority to veto federal laws, onerous federal spending limitations that would eviscerate most national policy, and a complete restructuring of the country's lawmaking and regulatory powers." Feingold and Prindiville acknowledge that success in enacting these proposals requires building "exceptionally mature, cross-group coalitions and well-funded, savvy advocacy efforts to secure the support of thousands of state legislators and (sometimes) hundreds of congresspeople across a diverse political terrain. Such advocacy is hard, expensive, and can take decades. Most movements cannot do it." Nevertheless, in an increasingly partisan political atmosphere, the possibility exists, and the authors find that Article V "provides inadequate guardrails to foster and guide the dialogue of constitutional change and places ultimate constitutional authority in the hands of institutions too far removed from the popular will." The authors argue convincingly that Article V needs revision, and they recommend the establishment of a bipartisan congressional commission dedicated to assuring citizens' power. A cogent, thoughtful argument about a topic that may be unfamiliar to many Americans. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.