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Amending America's Unwritten Constitution

Amending America's Unwritten Constitution

Amending America's Unwritten Constitution

Author: Richard Albert; Ryan C. Williams; Yaniv Roznai
Publisher: Cambridge University Press
ISBN: 9781009246835
Published In: October 2022
Format: Hardback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: $155.48

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Description
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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.

Introduction

1. The unwritten constitutions of the United States

Mark Graber

2. Enumerating amendments

Sanford Levinson

3. Change is the only constant: unwritten amendments and the courts

Carolyn Shapiro

4. The role of the people in unwritten amendment

Emily Zackin

5. Unwritten state constitutions? In search of constitutional participants

Miriam Seifter

6. State constitutions and the interaction between formal amendment and unwritten commitments

Jonathan L. Marshfield

7. The drive for a national popular vote for the presidency: a case study in amending the unwritten constitution

Vikram David Amar

8. The Trump presidency, racial realignment, and the future of constitutional norms

Neil S. Siegel

9. Amending an unwritten constitution: comparative perspectives

Mark Tushnet

10. The unwritten foundations of (all) written constitutions

Frederick Schauer

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