From Democratic Dualism to Political Realism: Transforming the Constitution

@article{Whittington1999FromDD,
  title={From Democratic Dualism to Political Realism: Transforming the Constitution},
  author={Keith E. Whittington},
  journal={Constitutional Political Economy},
  year={1999},
  volume={10},
  pages={405-414}
}
In the latest volume of Bruce Ackerman's We the People, he sets out to demonstrate that the Constitution has been legitimately amended by “unconventional” means, or by mechanisms other than the Article V amendment process. In making this argument, Ackerman offers a rich constitutional history of the Founding period, the Reconstruction era, and the New Deal. He successfully demonstrates that unconventional methods were used to alter accepted constitutional meaning and government practices during… 
1 Citations
Post Conflict Constitution Making in Nepal: Towards 'Inclusiveness' in Democracy
The post conflict constitution making has given a desired possibility for Nepal to draft a new constitution to promote strong democratic regime in the paradigm of inclusiveness. The historically

References

SHOWING 1-10 OF 34 REFERENCES
Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review
Constitutional scholarship has deteriorated into a set of armed camps, with defenders of different theories of judicial review too often talking to their own supporters but not engaging their
Constitutional Construction: Divided Powers and Constitutional Meaning
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be
The Constitution Besieged: The Rise & Demise of Lochner Era Police Powers Jurisprudence
The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state
The Partial Constitution
American constitutional law is at a crossroads. As it is currently interpreted, the Constitution is partial, Sunstein asserts. It is, first of all, biased. Contemporary constitutional law treats the
Constitutional Politics/Constitutional Law
America is a world power, but does it have the strength to understand itself? Is it content, even now, to remain an intellectual colony, borrowing European categories to decode the meaning of its
The Creation of the American Republic
  • J. Pole
  • Political Science, History
    The Historical Journal
  • 1970
Alexis de Tocqueville remarked that America had achieved democracy without undergoing a democratic revolution. What, then, did America undergo between the revolt against the Stamp Act and the making
The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt
him an amateur. In Schlegel's hands Moore becomes an apt symbol of the problem of the interdisciplinary law professor—trapped between two conflicting senses of professional identity and welcome in
A Generation of Betrayal
FOR most judges, the basic unit of the Constitution is The Clause; for most law professors, the basic unit is The Theory, the one that lurks behind the Clauses and the cases, and puts them in their
America's Constitutional Soul
Focusing on the elections of 1980, 1982, and 1984, Mansfield critiques contemporary conservatism for its ignorance of the political theory implicit in the Constitution. "Provides `food for thought'
The Politics Presidents Make: Leadership from John Adams to George Bush
THIS EDITION HAS BEEN REPLACED BY A NEWER EDITION Stephen Skowronek's wholly innovative study demonstrates that presidents are persistent agents of change, continually disrupting and transforming the
...
...