Amending America's unwritten Constitution / edited by Richard Albert, Ryan C. Williams, Yaniv Roznai.
2022
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Details
Title
Amending America's unwritten Constitution / edited by Richard Albert, Ryan C. Williams, Yaniv Roznai.
Added Author
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.
Description
1 online resource (xi, 240 pages).
Series
Comparative constitutional law and policy.
Formatted Contents Note
A Return to Constitutional Basics : Amendment, Constitution, and Writtenness / Richard Albert, Yaniv Roznai, and Ryan C. Williams
The Unwritten Constitutions of the United States / Mark A. Graber
Enumerating Amendments / Sanford Levinson
Change Is the Only Constant : Unwritten Amendments and the Courts / Carolyn Shapiro
The Role of the People in Unwritten Amendments / Emily Zackin
Unwritten State Constitutions? In Search of Constitutional Communities / Miriam Seifter
State Constitutions and the Interaction between Formal Amendment and Unwritten Commitments / Jonathan L. Marshfield
The Drive for a National Popular Vote for the Presidency : A Case Study in Amending the Unwritten Constitution / Vikram David Amar
The Trump Presidency, the Racial Realignment, and the Future of Constitutional Norms / Neil S. Siegel
Amending an Unwritten Constitution : Comparative Perspectives / Mark Tushnet
The Unwritten Foundations of (All) Written Constitutions / Frederick Schauer.
The Unwritten Constitutions of the United States / Mark A. Graber
Enumerating Amendments / Sanford Levinson
Change Is the Only Constant : Unwritten Amendments and the Courts / Carolyn Shapiro
The Role of the People in Unwritten Amendments / Emily Zackin
Unwritten State Constitutions? In Search of Constitutional Communities / Miriam Seifter
State Constitutions and the Interaction between Formal Amendment and Unwritten Commitments / Jonathan L. Marshfield
The Drive for a National Popular Vote for the Presidency : A Case Study in Amending the Unwritten Constitution / Vikram David Amar
The Trump Presidency, the Racial Realignment, and the Future of Constitutional Norms / Neil S. Siegel
Amending an Unwritten Constitution : Comparative Perspectives / Mark Tushnet
The Unwritten Foundations of (All) Written Constitutions / Frederick Schauer.
Summary
It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America's 'unwritten Constitution': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Print version: Amending America's unwritten Constitution. Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022
Access Note
Access restricted to subscribing institutions.
Linked Resources
Language
English
ISBN
9781009246811 electronic book
100924681X electronic book
9781009246859 paperback
9781009246835 hardback
100924681X electronic book
9781009246859 paperback
9781009246835 hardback
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