Responding to Imperfection: The Theory and Practice of Constitutional AmendmentSanford Levinson An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. |
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... believe that these exhaust the field: Caplan, Constitutional Brinkmanship; Walter Dellinger, “The Recurring Question of the 'Limited' Constitutional Convention,” Yale Law Journal 88 (1979): 1623, and “The Legitimacy of Constitutional ...
... believe, is generally thought to be presumptively unavailable through standard-form interpretation; it requires, therefore, some special kind of procedure for legitimation. Thus I ask the reader to submit to a multiple-choice question ...
... believe contributes to the facilitation of a smoothly flowing and flourishing national economy); or “the President may declare limited war on relatively insignificant foreign countries without formally consulting Congress”—then it is ...
... believe this to be impossible, suggesting that this is a paradigm instance where “amendment” would be necessary and plausible “interpretation” unavailable. Although this may in fact be open to dispute, as Anthony D'Amato has cleverly ...
... believe that the best answer to my conundrum is either “26” or “27,” at least if one means to be engaging in a genuinely interesting theoretical discussion. The only question to which one can be confident that either would be the best ...
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Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson No preview available - 1995 |
Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson No preview available - 1995 |