Lester Bernhardt Orfield
MOST treatises on constitutional law dispose of the federal amending clause in summary fashion. The commentators have thought fit to stress chiefly the division of authority between the federal government and the states. They have attached a high degree of significance to the dogma of separation of powers. A great deal of attention has been devoted to the doctrines of judicial review, the supremacy of the Federal Constitution, and the Bill of Rights. The taxation and the commerce clauses have come in for their full share of consideration. In recent years extensive studies have been made of the due process clause of the Fourteenth Amendment. As a result, the amendment clause has almost been lost sight of. No monograph on Article Five has been published prior to the present book. Yet when one stops to realize that the subjects just referred to have to do only with the existing distribution of powers, and that the operation of the amending power may bring about a complete reshuflling of the Constitution, it becomes obvious that one is dealing with a power of a higher grade and of more potential importance than any other power provided for in the Constitution.
One may approach the study of the amending clause from at least three different points of view: from that of constitutional law, from that of jurisprudence and legal philosophy, and from that of political science and legislation. From the standpoint of constitutional law the genesis and justiciability of the power may be considered; the procedure of amendment may be examined in detail; and the scope of the amending power may be analyzed. From the point of jurisprudence, the relation of the amending power to the concept of sovereignty may be developed. Finally, from the standpoint of political science and legislation, the reform of the amending process itself may be made the basis of investigation.
George Ragland Jr.
The purpose of this volume is to present in a convenient and usable form a comparative study of the expedients which are being employed in various American and English jurisdictions for the purpose of facilitating pre-trial practice, to describe the practical operation of the different devices, and to show their effect upon the general administration of justice. An analysis of the statutory and case law has been combined with data which shows the practical operation of the procedure in the everyday work of the lawyer and judge. Field studies were made by the author in different cities of the following fourteen jurisdictions for the purpose of ascertaining the experience of the profession with each type of device which is being used: Indiana, Kansas, Kentucky, Massachusetts, Missouri, Nebraska, New Hampshire, New Jersey, New York, Ohio, Ontario, Quebec, Texas, and Wisconsin. Interviews were sought with representative judges, lawyers, and where there were such, officials in charge of discovery examinations. Other means employed in obtaining information included the study of trial court records of examinations for discovery, observation of actual examinations and· correspondence with lawyers in states other than those in which field investigations were made.