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. |
From inside the book
Results 1-5 of 20
... considered entirely alone. See Amar, “The Bill of Rights as a Constitution,” Yale Law Journal 100 (1991): 1131, 1181. The takings clause might therefore, at least as a theoretical proposition, have been given its own separate number ...
... considered as superfluous.”51 Consider in this context the careful statement by Justice Rehnquist that “an express declaration” of federalistic limits on congressional power “is found in the Tenth Amendment,” rather than, say, “granted ...
You have reached your viewing limit for this book.
You have reached your viewing limit for this book.
You have reached your viewing limit for this book.
Other editions - View all
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 |