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The United States Constitution Should It Be Altered To Make It Easier To Amend
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Book Synopsis The United States constitution. Should it be altered to make it easier to amend? by : Patrick Spieß
Download or read book The United States constitution. Should it be altered to make it easier to amend? written by Patrick Spieß and published by GRIN Verlag. This book was released on 2014-06-11 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2012 in the subject Politics - Region: USA, grade: 1,7, University of Leeds, course: United States Politics, language: English, abstract: Although it is difficult to prove, the constitution of the United States of America is considered to be one of the most difficult constitution's to amend, as the political scientist Donald Lutz point out (Lutz 1994). Therefore the question arise whether there is a need to alter the amendment procedure, which is enshrined in Article V. First I will give general ideas of Article V and outline the difficulties that making amendments difficult. Then I will look at arguments against making amendments easier. Following this, I will argue in favour of making amendments easier. My main argumentation will be based on the assumption that not the supermajority rule is the problem, but the inner logic of Article V itself. Finally I will examine reform proposals, which could solve the problem.
Book Synopsis The Difficulty of the Amendment Process of the Constitution of the United States of America and Freedom of Speech and Its Limits by : Renate Bagossy
Download or read book The Difficulty of the Amendment Process of the Constitution of the United States of America and Freedom of Speech and Its Limits written by Renate Bagossy and published by GRIN Verlag. This book was released on 2008-08 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2004 in the subject American Studies - Culture and Applied Geography, grade: 2,0, Martin Luther University (Institut f r Anglistik und Amerikanistik), course: The American Constitution: Past and Present, 13 entries in the bibliography, language: English, abstract: From the beginning on Americans have proclaimed liberty, have fought wars in its name have evaluated events and institutions and politics in the light of liberty. They were convinced that they are free people and they always wanted to serve as a model for the rest of the world. Besides the Declaration of Independence, the Constitution, ratified on the 17th of September 1787, is the fundamental document that symbolizes this freedom and that serves as a legal basis of the juridical system of the United States. This original document does not include speech freedom and freedom of the press, which are two of the most important liberties a free nation should have. The Bill of Rights that includes these liberties was added later, as amendments to the original document. However, the Constitution and its amendments serve as more or less strict guidelines, as the text is not unambiguous. It is difficult to interpret the twisted language of it and as I will show in this work, the opinions reach from one extreme to the other. Justices of the Supreme Court play a leading role in interpreting the Constitution, therefore a lot of juridical cases deal directly or indirectly with the interpretation of the Constitution and are a subject of this term paper. In this term paper I am going to show how the original Constitution was finally ratified, and how difficult it is to change this document. The aim of the Framers was to make the changing of the Constitution as challenging as possible. The difficulty of the amendment process is explained with the help of an example; The Equal Rights Amendment. After discussing the basis of the amendment process I will analyze how freedom of speech and freedo
Book Synopsis Six Amendments by : Justice John Paul Stevens
Download or read book Six Amendments written by Justice John Paul Stevens and published by Little, Brown. This book was released on 2014-04-22 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. Six Amendments is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, Six Amendments is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.
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.
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.
Book Synopsis How Constitutional Rights Matter by : Adam Chilton
Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
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 1919 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis A More Perfect Constitution by : Larry J. Sabato
Download or read book A More Perfect Constitution written by Larry J. Sabato and published by Bloomsbury Publishing USA. This book was released on 2010-07-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.
Book Synopsis How Our Laws are Made by : John V. Sullivan
Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton
Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The Constitution of the United States of America as Amended by : United States
Download or read book The Constitution of the United States of America as Amended written by United States and published by United States House of Representatives. This book was released on 2007 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: 219 years ago you were given the right to practice the religion of your choice. 219 years ago you were given the right to say what you wanted without persecution. 219 years ago it was written that your house and property were secure from unreasonable search and seizure. 219 years ago you were given the right to a public trial. 219 years ago, fifty-five men you will never know sat in a sweltering hot room as they fought and argued for you. 219 years ago you were given your rights as a citizen of the United States. This fall, as we return again to the ballot box to decide the course of our country' s congressional and state leadership, every voter must find their way back to that room in Philadelphia. Welcome Books is proud to provide a map. The Constitution of The United States of America, inscribed and illustrated by the master calligrapher Sam Fink, brings to life the issues underlying the triumphs of this abiding document. Originally published in pen and ink for Random House in 1987, Sam has, at the request of Welcome Books, gone back to the original black-and-white art and painted it entirely, creating a full-color masterpiece. Each amendment, each article, each word so thoughtfully placed in the Constitution has been given Sam' s profound touch. With a powerful intelligence and a wonderful sense of humor, he has provided us with an entry point, allowing us to read this essential document better, more clearly. Welcome Books is honored to present a full-color limited edition of Sam' s startling work as well as a trade edition, exquisitely designed and produced - matching in its manufacture the stunning quality of Sam' s ambition and thegravitas and significance of the original document. The Constitution of The United States of America is the document we must read again and again. There is no more important document in our country. It is the document we must have an intimate knowledge of. It is the document that we must never forget. 219 years ago, you were entrusted with a living document. Have you kept it safe? To begin, we must read it. This, Sam, in his direct and unadorned way, respectful and loving, helps us do.
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 1506 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.
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 320 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.
Book Synopsis The Failure of Popular Constitution Making in Turkey by : Felix Petersen
Download or read book The Failure of Popular Constitution Making in Turkey written by Felix Petersen and published by Cambridge University Press. This book was released on 2020-01-16 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
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.
