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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... noted, the framers of the Constitution themselves indirectly. 3 The Fundamental Constitutions of Carolinas § 120, in Benjamin P. Poore, ed., The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United ...
The Theory and Practice of Constitutional Amendment Sanford Levinson. As Washington noted, the framers of the Constitution themselves indirectly acknowledged the possibility of imperfection by including within it Article V, which ...
... noted proponent of “the jurisprudence of original understanding,” Robert Bork, most certainly does not, as witnessed by his insistent, and presumably heartfelt, argument before the Senate Judiciary Committee that Brown v. Board of ...
... noted that “under our system, a Supreme Court justice should interpret the law, and not legislate his or her own policy preferences from the bench.” “Excerpts from Senate Hearings on the Ginsburg Nomination,” New York Times, July 21 ...
... noted, is minimal indeed and operates primarily to enhance governmental power. 33 5 U.S. (1 Cranch) 137, 178 (1803). 34 Even Robert Bork is hesitant to condemn Marshall, whom Bork describes as “an activist judge” even as he goes on to ...
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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 |