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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... veto message is reprinted in Richard B. Morris and Jeffrey B. Morris, eds., Great Presidential Decisions (New York: Richardson, Steirman & Black, 1988), p. 81. 12 John Tagliabue, “A Threat to Kohl,” New York Times, 16 SANFORD LEVINSON.
... decision, the election as president of a foreign-born twenty-three-year old? Most analysts, I dare say, would believe this to be impossible, suggesting that this is a paradigm instance where “amendment” would be necessary and plausible ...
... decision of. 19 Walter F. Murphy, “An Ordering of Constitutional Values,” Southern California Law Review 53 (1980): 703, 754–57. See Sotirios A. Barber, On What the Constitutional Means (Baltimore: Johns Hopkins University Press, 1984) ...
... decision of the California Supreme Court that concerned the legitimacy of Proposition 115, passed by popular referendum, which required multiple changes in California's criminal code in both its substantive and procedural aspects. Among ...
... decisions of Marshall that they amounted to virtual amendments to its text.” Suber, The Paradox of Self-Amendment, p. 199. 32 Marshall could have, for example, stated that the necessary and proper clause required a determination by ...
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 |