Unintended Consequences of Constitutional Amendment

Unintended Consequences of Constitutional Amendment PDF Author: David E. Kyvig
Publisher: University of Georgia Press
ISBN: 9780820321912
Category : Political Science
Languages : en
Pages : 276

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Book Description
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.

Unintended Consequences of Constitutional Amendment

Unintended Consequences of Constitutional Amendment PDF Author: David E. Kyvig
Publisher: University of Georgia Press
ISBN: 9780820321912
Category : Political Science
Languages : en
Pages : 276

Get Book

Book Description
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.

The Unintended Consequences of Section 5 of the Voting Rights Act

The Unintended Consequences of Section 5 of the Voting Rights Act PDF Author: Edward Blum
Publisher: A E I Press
ISBN:
Category : History
Languages : en
Pages : 92

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Book Description
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.

Too Young to Run?

Too Young to Run? PDF Author: John Seery
Publisher: Penn State Press
ISBN: 0271056800
Category : Political Science
Languages : en
Pages : 202

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Book Description
Under the Constitution of the United States, those with political ambitions who aspire to serve in the federal government must be at least twenty-five to qualify for membership in the House of Representatives, thirty to run for the Senate, and thirty-five to become president. What is the justification for these age thresholds, and is it time to consider changing them? In this provocative and lively book, John Seery presents the case for a constitutional amendment to lower the age barrier to eighteen, the same age at which citizens become eligible to vote. He divides his argument into three sections. In a historical chapter, he traces the way in which the age qualifications became incorporated in the Constitution in the first place. In a theoretical chapter, he analyzes the normative arguments for office eligibility as a democratic right and liberty. And in a political chapter, he ruminates about the real-world consequences of passing such an amendment and the prospects for its passage. Finally, in a postscript, he argues that younger citizens in particular ought to be exposed to this fundamental issue in civics.

The Paradoxes of Unintended Consequences

The Paradoxes of Unintended Consequences PDF Author: Ralf Dahrendorf
Publisher: Central European University Press
ISBN: 9789639241091
Category : Political Science
Languages : en
Pages : 448

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Book Description
"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

Unintended Consequences

Unintended Consequences PDF Author: John Ross
Publisher:
ISBN: 9781888118049
Category : Fiction
Languages : en
Pages : 0

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Book Description
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.

Unconstitutional Constitutional Amendments

Unconstitutional Constitutional Amendments PDF Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0198768796
Category : Law
Languages : en
Pages : 369

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Book Description
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.

51 Imperfect Solutions

51 Imperfect Solutions PDF Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0190866063
Category :
Languages : en
Pages : 288

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Book Description
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.

Foundation of a Great State

Foundation of a Great State PDF Author:
Publisher:
ISBN:
Category : Colorado
Languages : en
Pages : 30

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Book Description
"Because constitutions are so important, the University of Denver, through its Strategic Issues Program, asked that its 2007 panel examine Colorado's Constitution ... After careful consideration, the panel concluded that the most serious constitutional issues facing the state involve conflicting provisions within the constitution; the unintended consequences of constitutional amendments; and policy matters that are, for all intents and purposes, permanently frozen in the constitution. Each of these conditions frustrates the ability of policy makers to respond to changing times and meet the diverse needs of Colorado citizens, businesses and other organizations."--Overview from the panel chair.

Race, Redistricting, and Representation

Race, Redistricting, and Representation PDF Author: David T. Canon
Publisher: University of Chicago Press
ISBN: 9780226092706
Category : Political Science
Languages : en
Pages : 350

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Book Description
List of Tables and FiguresPrefaceIntroduction: Race, Redistricting, and Representation in the U.S. House of RepresentativesChapter One: Black Interests, Difference, Commonality, and RepresentationChapter Two: A Legal Primer on Race and RedistrictingChapter Three: The Supply-Side Theory of Racial Redistricting, with Matthew M. Schousen and Patrick J. SellersChapter Four: Race and Representation in the U.S. House of RepresentativesChapter Five: Links to the ConstituencyChapter Six: Black Majority Districts: Failed Experiment or Catalyst for a Politics of Commonality?Appendix A. Data SourcesAppendix B. Procedures for Coding the Newspaper StoriesNotesReferencesIndex Copyright © Libri GmbH. All rights reserved.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.