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Responding to Imperfection : The Theory and Practice of Constitutional Amendment - Sanford Levinson

Responding to Imperfection

The Theory and Practice of Constitutional Amendment

By: Sanford Levinson (Editor)

Paperback

Published: 13th February 1995
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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.

The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.

"[A] provocative collection of essays... [A] superb volume."--The Law and Politics Book Review "Sanford Levinson has assembled a sparkling collection of essays on the theory of constitutional amendment. Responding to Imperfection belongs in the library of every student of the Constitution... [An] enthusiastic thumbs-up for this provocative collection of essays... [A] superb volume."--The Law and Politics Book Review

Acknowledgments
Introduction: Imperfection and Amendabilityp. 3
How Many Times Has the United States Constitution Been Amended? (A) < 26; (B) 26; (C) 27; (D) > 27: Accounting for Constitutional Changep. 13
Constitutionalism in the United States: From Theory to Politicsp. 37
Higher Lawmakingp. 63
Popular Sovereignty and Constitutional Amendmentp. 89
The Plain Meaning of Article Vp. 117
Amending the Presuppositions of a Constitutionp. 145
Merlin's Memory: The Past and Future Imperfect of the Once and Future Polityp. 163
The Case against Implicit Limits on the Constitutional Amending Processp. 191
The "Original" Thirteenth Amendment and the Limits to Formal Constitutional Changep. 215
Toward a Theory of Constitutional Amendmentp. 237
The Politics of Constitutional Revision in Eastern Europep. 275
Midrash: Amendment through the Molding of Meaningp. 307
Appendix: Amending Provisions of Selected New Constitutions in Eastern Europep. 319
Contributorsp. 325
Indexp. 327
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780691025704
ISBN-10: 0691025703
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 344
Published: 13th February 1995
Publisher: Princeton University Press
Country of Publication: US
Dimensions (cm): 23.5 x 15.88  x 1.91
Weight (kg): 0.5