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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... less concerned with the actual history of post-1787 amendment than with constitutional possibility, Akhil Reed Amar also presses the case that Article V is by no means exclusive. Instead, he argues, the very meaning of popular ...
... less an interpretation of the Constitution than an amendment to it, the overruling of which is unimaginable.”31 The “amendment” presumably involves not the legality of the bank per se, for there are a number of routes by which that ...
... less generous reading of the Fourteenth Amendment would it be the case that we would lose something legally significant were the Fifteenth, Nineteenth, and Twenty-fourth Amendments suddenly to disappear from the text of the Constitution ...
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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 |