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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... language of Article II, section 1 that “no person except a natural born Citizen . . . shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty ...
... language of amendment and legitimated, if at all, by some extraconstitutional set of events. Lest we think that this full range is found only in state constitutions such as those of Colorado or California, I note that William Harris has ...
... language, does not appear to be leveling a criticism against either the opinion or Marshall, even as he offers a kind of support to Madison's skepticism about the provenance of Marshall's analysis. White, that is, comes truly to praise ...
... language was the product of the Framers' strong desire to forestall debtor relief legislation by the states precisely in economic downturns such as the Great Depression, that no formal amendment was necessary in order for the Minnesota ...
... language). But he surely must believe this to be true in regard to such cases as West Coast Hotel v. Parrish65 and Darby Lumber Co., even if he would argue that these decisions must be placed within the context of a supple and complex ...
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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 |