Explicit and Authentic Acts: Amending the U.S. Constitution, 1776-1995 - Hardcover

Kyvig, David E.

Hardcover

ISBN 10: 0700607927 ISBN 13: 9780700607921

Publisher: University Press of Kansas, 1996

Synopsis

In his farewell address, President Washington reminded his audience that the Constitution, "till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." He regarded the Constitution as a binding document worthy of devout allegiance, but also believed that it contains a clear and appropriate procedure for its own reform. David Kyvig's illuminating study provides the most complete and insightful history of that amendment process and its fundamental importance for American political life.





Over the course of the past two centuries, more than 10,000 amendments have been proposed by the method stipulated in Article V of the Constitution. Amazingly, only 33 have garnered the required two-thirds approval from both houses of Congress, and only 27 were ultimately ratified into law by the states. Despite their small number, those amendments have revolutionized American government while simultaneously legitimizing and preserving its continued existence. Indeed, they have dramatically altered the relationship between state and federal authority, as well as between government and private citizens.





Kyvig reexamines the creation and operation of Article V, illuminating the process and substance of each major successful and failed effort to change the formal structure, duties, and limits of the federal government. He analyzes in detail the Founders' intentions; the periods of great amendment activity during the 1790s, 1860s, 1910s, and 1960s; and the considerable consequences of amendment failure involving slavery, alcohol prohibition, child labor, New Deal programs, school prayer, equal rights for women, abortion, balanced budgets, term limits, and flag desecration.





Ultimately, Kyvig demonstrates that so-called "constitutional revolutions" can only endure through formal amendment; without it such sea changes as the New Deal are likely to be temporary amidst the shifting winds of political fortune. That truth underscores the centrality of the amendment process to American constitutionalism, sheds light on the "amendment fever" that swept through the 104th Congress, and better prepares us to deal with such initiatives in the future.

About this title

About the Author

David E. Kyvig is professor of history at the University of Akron.

From the Back Cover

Winner of the Bancroft Prize, the Henry Adams Prize, and the Ohio Academy of History Prize

"Lucidly written and magisterial in scope, this book will be the standard work for many years to come. I strongly recommend it."--Melvin I. Urofsky, author of A March of Liberty: A Constitutional History of the United States

"A lively challenge to traditional views that anyone interested in the U.S. Constitution will want to read and reflect upon."--William Leuchtenburg, author of The Supreme Court Reborn

Reviews

Kyvig (history, Univ. of Akron) gives full consideration to constitutional amendments and the amendment process in the evolution of American constitutionalism. This comprehensive analysis resets the interpretation of the role of formal amendments. Kyvig focuses on major successes and failures to amend the U.S. Constitution from 1776 to the present. He "locates the amending process at the very center of American constitutionalism" and thereby disputes the work of Bruce Ackerman (We the People, Harvard 1991) and other historians who diminish the role of constitutional amendments. Kyvig provides an important legal and political analysis of underlying elements that shape major functions of American government. This important contribution to U.S. constitutional development and change will interest both general readers and scholars. Highly recommended.?Steven Puro, St. Louis Univ.
Copyright 1996 Reed Business Information, Inc.

Edition details

• Publisher: University Press of Kansas
• Publication date: 1996
• ISBN 10: 0700607927
• ISBN 13: 9780700607921
• Binding: Hardcover
• Language: English
• Edition number: 1
• Number of pages: 624