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Constitutional Amendments

Author : Richard Albert
Publisher : Oxford University Press
ISBN 13 : 0190640499
Total Pages : 353 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Constitutional Amendments by : Richard Albert

Download or read book Constitutional Amendments written by Richard Albert and published by Oxford University Press. This book was released on 2019-07-15 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.

Perfecting the Constitution

Author : Darren Patrick Guerra
Publisher : Lexington Books
ISBN 13 : 0739183869
Total Pages : 253 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Perfecting the Constitution by : Darren Patrick Guerra

Download or read book Perfecting the Constitution written by Darren Patrick Guerra and published by Lexington Books. This book was released on 2013-06-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.

The People’s Constitution

Author : John F. Kowal
Publisher : The New Press
ISBN 13 : 1620975629
Total Pages : 493 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis The People’s Constitution by : John F. Kowal

Download or read book The People’s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.

Responding to Imperfection

Author : Sanford Levinson
Publisher : Princeton University Press
ISBN 13 : 1400821630
Total Pages : 341 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Responding to Imperfection by : Sanford Levinson

Download or read book Responding to Imperfection written by Sanford Levinson and published by Princeton University Press. This book was released on 1995-01-24 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Living Constitution

Author : David A. Strauss
Publisher : Oxford University Press
ISBN 13 : 0199703698
Total Pages : 171 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Living Constitution by : David A. Strauss

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

American Government 3e

Author : Glen Krutz
Publisher :
ISBN 13 : 9781738998470
Total Pages : 0 pages
Book Rating : 4.9/5 (984 download)

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Book Synopsis American Government 3e by : Glen Krutz

Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

Our Undemocratic Constitution

Author : Sanford Levinson
Publisher : Oxford University Press
ISBN 13 : 0195365577
Total Pages : 260 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Our Undemocratic Constitution by : Sanford Levinson

Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.

Amending America

Author : Richard B. Bernstein
Publisher :
ISBN 13 : 9780700607150
Total Pages : 0 pages
Book Rating : 4.6/5 (71 download)

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Book Synopsis Amending America by : Richard B. Bernstein

Download or read book Amending America written by Richard B. Bernstein and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even as we marvel at the grandeur of our constitutional system, we can't resist tinkering with it. Amending America tells the dramatic story of how, over the past 206 years, the American people have reshaped the Constitution to meet the country's changing needs. It describes how we have adopted 27 amendments since 1789-and debated and rejected 10,000 more. A provocative examination of one of America's most important yet least-known democratic tools, Amending America brings to life events in our history that continue to resonate today as, as various politicians have set their hearts on amendments to balance the budget, to ban abortion, or to allow school prayer. "A wonderful book. . . . A magnificent treasure trove of American history."—Arthur R. Miller, Bruce Bromley Professor of Law, Harvard Law School. "A skillfully rendered, comprehensive, and engaging study of Article V's procedures for amending the Constitution."—Washington Post "Instructive and fascinating. The book is thorough, erudite, and packed with the anecdotes that make our political past so enjoyable to review."—Minneapolis Star Tribune. "Admirably illuminates the complex and remarkable history of the American people's repeated attempts to amend the Constituion, and captures that history's enduring significance."—William E. Nelson, author of The Fourteenth Amendment: From Political Principle to Judicial Doctrine "Will amply repay its readers. Scholars of American constitutional development should find the book a useful addition to their shelves; general readers should find it an interesting and enjoyable way to learn about some often overlooked aspects of American history."—Sanford Levinson, History Book Club News. "Invaluable for just about anybody seeking to understand the contradictions of our approach to constitutional government."—Herbert S. Parmet, author of Richard Nixon and His America. "An intelligent, carefully researched, and highly readable account."—Detroit News. "The authors have made our country's charter the centerpiece of a suspenseful and still-unfolding national adventure."—Norfolk Virginian-Pilot and Ledger-Star. "An anecdotal guide to the debates and conflicts over each amendment."—Publishers Weekly. "A thoughtful history of the amendments ot the Constitution and an excellent delineation of issues debated by modern constitutional scholars."—Kirkus Reviews. "An excellent work about an often-ignored issue. Recommended for all libraries."—Library Journal. "A fresh and reassuring picture of a living, flexible document strong enough to accept constant challenge and occasional change. The amending process, used wisely, helps meet the needs of an evolving nation. This is an unusual survey of this always-timely process."—Anniston (Alabama) Star "For a book with such a weighty subject, Amending America is surprisingly entertaining and humorous."—Alan Mass in the New York Law Journal.

Constitutionalism and the Rule of Law

Author : Maurice Adams
Publisher : Cambridge University Press
ISBN 13 : 1316883256
Total Pages : 559 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Constitutionalism and the Rule of Law by : Maurice Adams

Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

The Liberty Amendments

Author : Mark R. Levin
Publisher : Simon and Schuster
ISBN 13 : 1451606397
Total Pages : 198 pages
Book Rating : 4.4/5 (516 download)

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Book Synopsis The Liberty Amendments by : Mark R. Levin

Download or read book The Liberty Amendments written by Mark R. Levin and published by Simon and Schuster. This book was released on 2013-08-13 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mark R. Levin has made the case, in numerous bestselling books that the principles undergirding our society and governmental system are unraveling. In The Liberty Amendments, he turns to the founding fathers and the constitution itself for guidance in restoring the American republic. The delegates to the 1787 Constitutional Convention and the delegates to each state’s ratification convention foresaw a time when the Federal government might breach the Constitution’s limits and begin oppressing the people. Agencies such as the IRS and EPA and programs such as Obamacare demonstrate that the Framers’ fear was prescient. Therefore, the Framers provided two methods for amending the Constitution. The second was intended for our current circumstances—empowering the states to bypass Congress and call a convention for the purpose of amending the Constitution. Levin argues that we, the people, can avoid a perilous outcome by seeking recourse, using the method called for in the Constitution itself. The Framers adopted ten constitutional amendments, called the Bill of Rights, that would preserve individual rights and state authority. Levin lays forth eleven specific prescriptions for restoring our founding principles, ones that are consistent with the Framers’ design. His proposals—such as term limits for members of Congress and Supreme Court justices and limits on federal taxing and spending—are pure common sense, ideas shared by many. They draw on the wisdom of the Founding Fathers—including James Madison, Benjamin Franklin, Thomas Jefferson, and numerous lesser-known but crucially important men—in their content and in the method for applying them to the current state of the nation. Now is the time for the American people to take the first step toward reclaiming what belongs to them. The task is daunting, but it is imperative if we are to be truly free.

Oregon Blue Book

Author : Oregon. Office of the Secretary of State
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Oregon Blue Book by : Oregon. Office of the Secretary of State

Download or read book Oregon Blue Book written by Oregon. Office of the Secretary of State and published by . This book was released on 1895 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

United States Code

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1184 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1184 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

New Federalist Papers

Author : Alan Brinkley
Publisher : W. W. Norton & Company
ISBN 13 : 9780393317374
Total Pages : 196 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis New Federalist Papers by : Alan Brinkley

Download or read book New Federalist Papers written by Alan Brinkley and published by W. W. Norton & Company. This book was released on 1997 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of the Constitutional Convention of 1787, three of its most gifted participants--Alexander Hamilton, James Madison, and John Jay--wrote a series of 85 essays--the "Federalist Papers"--which were published in newspapers throughout the nation, defending the proposed new government against its opponents. In the "New Federalist Papers", three prominent writers confront the threats posed by current challenges to the American Constitution.

The Heritage Guide to the Constitution

Author : David F. Forte
Publisher : Simon and Schuster
ISBN 13 : 1621573524
Total Pages : 644 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis The Heritage Guide to the Constitution by : David F. Forte

Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

Too Young to Run?

Author : John Evan Seery
Publisher : Penn State Press
ISBN 13 : 0271048530
Total Pages : 202 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Too Young to Run? by : John Evan Seery

Download or read book Too Young to Run? written by John Evan Seery and published by Penn State Press. This book was released on 2011 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Unintended Consequences of Constitutional Amendment

Author : David E. Kyvig
Publisher : University of Georgia Press
ISBN 13 : 9780820321882
Total Pages : 276 pages
Book Rating : 4.3/5 (218 download)

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Book Synopsis Unintended Consequences of Constitutional Amendment by : David E. Kyvig

Download or read book Unintended Consequences of Constitutional Amendment written by David E. Kyvig and published by University of Georgia Press. This book was released on 2000 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.