TY  - BOOK
AU  - Albert,Richard
AU  - Roznai,Yaniv
AU  - Williams,Ryan  C.
TI  - Amending America's unwritten Constitution
T2  - Comparative constitutional law and policy
SN  - 9781009246811 (ebook)
AV  - KF4555 .A955 2022
U1  - 342.7303 23/eng/20220831
PY  - 2022///
CY  - Cambridge, United Kingdom ; New York, NY
PB  - Cambridge University Press
KW  - Constitutional amendments
KW  - United States
KW  - Constitutional law
KW  - Philosophy
KW  - Customary law
KW  - Constitutional history
N1  - Title from publisher's bibliographic system (viewed on 13 Oct 2022); Introduction -- The unwritten Constitutions of the United States / Mark Graber -- Enumerating amendments / Sanford Levinson -- Change is the only constant : unwritten amendments and the courts / Carolyn Shapiro -- The role of the people in unwritten amendment / Emily Zackin -- Unwritten state constitutions? In search of constitutional participants / 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, 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
N2  - 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
UR  - https://doi.org/10.1017/9781009246811
ER  -