Responding to Imperfection: The Theory and Practice of Constitutional AmendmentSanford Levinson Princeton University Press, 1995 M01 24 - 344 páginas 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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... equal Suffrage in the Senate. Article V raises a host of important questions. Consider only the following: 1. Can an individual state, prior to the collective ratification by threequarters of the states, rescind its ratification, thus ...
... Equal Rights Amendment: A Question of Time,” Texas Law Review 57 (1979): 919; Grover Rees III, “Throwing Away the Key: The Unconstitutionality of the Equal Rights Amendment Extension,” Texas Law Review 58 (1980): 875; Laurence Tribe, “A ...
... equal to those (other) amendments that have followed the route set out by Article V. Ackerman especially is insistent that such a narrative is available, and he sketches its outlines in his essay. We should be aware, though, that one ...
... equal, let me say this. [The framers] wrote a clause that does not say anything about separation. They wrote a clause that says “equal protection of the laws.” I think it may well be true . . . that they had an assumption which they did ...
... equal. Those amendments that are truly transformative of the established political order, Harris argues, should require, in order to be legitimate, running the gauntlet of either a national convention or state conventions.26 All of ...
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Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson Vista previa limitada - 1995 |
Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson Sin vista previa disponible - 1995 |
Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson Sin vista previa disponible - 1995 |