Unintended Consequences Of Constitutional Amendment
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Author | : David E. Kyvig |
Publisher | : University of Georgia Press |
Total Pages | : 276 |
Release | : 2000 |
Genre | : History |
ISBN | : 9780820321882 |
Constitutional amendments, like all laws, may lead to unanticipated and even undesired outcomes. In this collection of original essays, a team of distinguished historians, political scientists, and legal scholars led by award-winning constitutional historian David E. Kyvig examines significant instances in which reform produced something other than the foreseen result. An opening essay examines the intentions of the Constitution’s framers in creating an amending mechanism and then explores unexpected uses of that instrument. Thereafter, authors focus on the Bill of Rights and subsequent amendments, addressing such subjects as criminal justice procedures, the presidential election system, the Civil War’s impact on race and gender relations, the experiment in national prohibition, women’s suffrage, and, finally, limits on the presidency. Together these contributions illuminate aspects of constitutional stability and evolution, challenging current thinking about reform within the formal system of change provided by Article V of the Constitution. Forcefully demonstrating that constitutional law is not immune to unanticipated consequences, the eight scholars underscore the need for care, responsibility, and historical awareness in altering the nation’s fundamental law.
Author | : David E. Kyvig |
Publisher | : University of Georgia Press |
Total Pages | : 276 |
Release | : 2000 |
Genre | : Political Science |
ISBN | : 9780820321912 |
Constitutional amendments, like all laws, may lead to unanticipated and even undesired outcomes. In this collection of original essays, a team of distinguished historians, political scientists, and legal scholars led by award-winning constitutional historian David E. Kyvig examines significant instances in which reform produced something other than the foreseen result. An opening essay examines the intentions of the Constitution’s framers in creating an amending mechanism and then explores unexpected uses of that instrument. Thereafter, authors focus on the Bill of Rights and subsequent amendments, addressing such subjects as criminal justice procedures, the presidential election system, the Civil War’s impact on race and gender relations, the experiment in national prohibition, women’s suffrage, and, finally, limits on the presidency. Together these contributions illuminate aspects of constitutional stability and evolution, challenging current thinking about reform within the formal system of change provided by Article V of the Constitution. Forcefully demonstrating that constitutional law is not immune to unanticipated consequences, the eight scholars underscore the need for care, responsibility, and historical awareness in altering the nation’s fundamental law.
Author | : Sanford Levinson |
Publisher | : Princeton University Press |
Total Pages | : 341 |
Release | : 1995-01-24 |
Genre | : Law |
ISBN | : 1400821630 |
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.
Author | : John Evan Seery |
Publisher | : Penn State Press |
Total Pages | : 202 |
Release | : 2011 |
Genre | : Political Science |
ISBN | : 0271048530 |
"Examines the history, theory, and politics behind the age qualifications for elected federal office in the United States Constitution. Argues that the right to run for office ought to be extended to all adult-age citizens who are otherwise office-eligible"--Provided by publisher.
Author | : Edward Blum |
Publisher | : A E I Press |
Total Pages | : 92 |
Release | : 2007 |
Genre | : History |
ISBN | : |
The book highlight the real-world consequences of the changes to Section 5 of the Voting Rights Act. Edward Blum draws on public records, press accounts, and extensive personal interviews with state and local officials to reveal the transformation of the VRA from a law protecting voting rights to a gerrymandering tool used to further the electoral prospects of incumbent politicians of all races.
Author | : Joan A. Larson |
Publisher | : |
Total Pages | : 302 |
Release | : 1993 |
Genre | : Incompatibility of offices |
ISBN | : |
Author | : John Ross |
Publisher | : |
Total Pages | : 0 |
Release | : 1996 |
Genre | : Fiction |
ISBN | : 9781888118049 |
A rising by the pro-gun lobby brings the government to its knees. The story begins when Henry Bowman, a geologist in Iowa, fires on federal agents, thinking they are terrorists. The conflict escalates, agents and congressmen die, and to bring peace the president agrees to repeal anti-gun laws and pardon the rebels.
Author | : Ralf Dahrendorf |
Publisher | : Central European University Press |
Total Pages | : 448 |
Release | : 2000-01-01 |
Genre | : Political Science |
ISBN | : 9789639241091 |
"This volume of essays is dedicated to George Soros in honor of his seventieth birthday. In their various fields of work the authors, who come from the interconnected worlds of academe, politics, and business, have each made an active contribution to the growth of the huge philanthropic empire built by Soros." "The editors chose the title The Paradoxes of Unintended Consequences to encourage contributors to adopt a dialogical approach. The title also refers to the case of Giordano Bruno, itself a telling example of paradox. Burnt at the stake 400 years ago for heresy, Bruno's views were probably far more illiberal and undemocratic than the views of those who condemned him. The editors' aim was to show that any complex social process or political attempt to change people's lives will inevitably have unintended consequences, usually of a paradoxical nature. These consequences should force us to reconsider our original theory."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author | : Yaniv Roznai |
Publisher | : Oxford University Press |
Total Pages | : 369 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198768796 |
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Author | : Judge Jeffrey S. Sutton |
Publisher | : Oxford University Press |
Total Pages | : 288 |
Release | : 2018-05-07 |
Genre | : |
ISBN | : 0190866063 |
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.