By Russell L. Caplan
During this first systematic examine of the criminal difficulties in relation to the conference clause, Russell Caplan indicates that repeated constitutional crises have given upward push to nation drives for a countrywide conference approximately each two decades because the structure used to be enacted. He deftly examines the politics of constitutional brinksmanship among Congress and the states to bare the continuing rigidity among kingdom and federal rights and constitutional culture and reform.
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Additional info for Constitutional Brinksmanship: Amending the Constitution by National Convention
The option therefore lay between doing what was done and doing nothing. Virginia, Madison perceived, would reject amendments emanating from Congress as well as a convention with plenary powers: in both cases alterations might issue that were too strong for its taste. "66 Madison and Hamilton were among the commissioners from five states—Virginia, Delaware, Pennsylvania, New Jersey, and New York—who convened for four days beginning September 11, 1786, probably at Mann's Inn, a short walk from the Annapolis State House.
The convention proclaimed the new monarchy, and sought assurance from the Crown that the rights of Englishmen extended to the colonists of Maryland. Coode's government swiftly gained control, and a second convention perfected the interim administration. 15 The convention remained the instrument of transition in the next century. Thoroughly dissatisfied with the neglect and maladministration of the proprietors, by 1719 the colonists of South Carolina were looking for an expedient method of coming under royal protection.
On the subject of amendments, Hamilton wrote in The Federalist: "We may safely rely on the disposition of the state legislatures to erect barriers against the encroachments of the national authority. "9 Ratification Requirements It was at the outset unclear whether amendments to the Constitution, regardless of how proposed, would have to be ratified by the states. On September 10 Madison agreed to further discussion of the amending procedure: "the vagueness of the terms, 'call a Convention for the purpose' [w]as sufficient reason for reconsidering the article.