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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... Proposition 115 , passed by popular referendum , which required multiple changes in Cali- fornia's criminal code in both its substantive and procedural aspects . Among the challenges mounted against Proposition 115 , the most important ...
... proposition , have been given its own sepa- rate number . Similarly , it would not have violated any sense of organic integrity to join what we call the Fourth and Sixth Amendments , together with the grand jury and self- incrimination ...
... proposition that there have been at least twenty-six numbered textual additions plus at least one more (e.g., Marshall's opinion in McCulloch), which suggests that the best answer is therefore “(d) more than 27,” assuming that one ...
... proposition, that without the Thirteenth Amendment slavery would have been protected against nationally imposed abolition.56 To hold such a view would require, for starters, rejection of the propriety of practically every important ...
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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 |