Responding to Imperfection: The Theory and Practice of Constitutional Amendment / Edition 1

Responding to Imperfection: The Theory and Practice of Constitutional Amendment / Edition 1

by Sanford Levinson
     
 

"Constitutional scholars, teachers, and students will find this book an enormously useful resource. . . . It has all the virtues of a good collection—diversity and connectedness—and it is interesting and timely as well."—Jeremy Waldron, University of California, Berkeley

"Original and rigorous, this book is an important contribution to the

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Overview

"Constitutional scholars, teachers, and students will find this book an enormously useful resource. . . . It has all the virtues of a good collection—diversity and connectedness—and it is interesting and timely as well."—Jeremy Waldron, University of California, Berkeley

"Original and rigorous, this book is an important contribution to the fields of constitutional theory and jurisprudence, judicial politics, legal history, national and state constitutional law, and comparative law. Levinson has done a masterful job. . . ."—Ronald Kahn, Oberlin College

"Responding to Imperfection is a much-needed volume on the neglected topic of theories of constitutional amendment. . . . It is certain to become a standard reference work in constitutional theory."—Suzanna Sherry, University of Minnesota

"Sanford Levinson has given us a remarkable collection of penetrating essays on constitutional amendment by a real pleiad of first-rate legal scholars."—Walter Dean Burnham, The University of Texas at Austin

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Product Details

ISBN-13:
9780691025704
Publisher:
Princeton University Press
Publication date:
01/24/1995
Edition description:
New Edition
Pages:
352
Product dimensions:
6.10(w) x 9.22(h) x 0.87(d)

Table of Contents

Acknowledgments
1Introduction: Imperfection and Amendability3
2How Many Times Has the United States Constitution Been Amended? (A) < 26; (B) 26; (C) 27; (D) > 27: Accounting for Constitutional Change13
3Constitutionalism in the United States: From Theory to Politics37
4Higher Lawmaking63
5Popular Sovereignty and Constitutional Amendment89
6The Plain Meaning of Article V117
7Amending the Presuppositions of a Constitution145
8Merlin's Memory: The Past and Future Imperfect of the Once and Future Polity163
9The Case against Implicit Limits on the Constitutional Amending Process191
10The "Original" Thirteenth Amendment and the Limits to Formal Constitutional Change215
11Toward a Theory of Constitutional Amendment237
12The Politics of Constitutional Revision in Eastern Europe275
13Midrash: Amendment through the Molding of Meaning307
Appendix: Amending Provisions of Selected New Constitutions in Eastern Europe319
Contributors325
Index327

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