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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... twelve amendments proposed by Congress in 1789, which required an intervening election before a congressional pay raise could take effect. Only the initial third through twelfth amendments were ratified by 5 INTRODUCTION.
... effect to be as wide-ranging in defining imperfection and proposing potential solutions as was the Philadelphia convention, which went far beyond its ostensible mandate simply to “revise” the Articles of Confederation? And who would set ...
... effect have entrenched chattel slavery at least in those states that had already adopted that terrible system as of 1861. John Vile presents the case for a wholly procedural Article V and attacks theories such as Murphy's that would ...
... effect as meaning that states were prohibited only from passing laws unreasonably impairing such obligations, but that impairments deemed necessary to important state ends were legitimate. Though the opinion by Chief Justice Hughes is ...
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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 |