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In His Widely Acclaimed Volume Our Undemocratic Constitution, Sanford Levinson Boldly Argued That Our Constitution Should Not Be Treated With Sanctimonious Reverence, But As A Badly Flawed Document Deserving Revision. Now Levinson Takes Us Deeper, Asking What Were The Original Assumptions Underlying Our Institutions, And Whether We Accept Those Assumptions 225 Years Later. In Framed, Levinson Challenges Our Belief That The Most Important Features Of Our Constitutions Concern What Rights They Protect. Instead, He Focuses On The Fundamental Procedures Of Governance Such As Congressional Bicameralism; The Selection Of The President By The Electoral College, Or The Dimensions Of The President's Veto Power--not To Mention The Near Impossibility Of Amending The United States Constitution. These Seemingly Settled And Hardwired Structures Contribute To The Now Almost Universally Recognized Dysfunctionality Of American Politics. Levinson Argues That We Should Stop Treating The United States Constitution As Uniquely Exemplifying The American Constitutional Tradition. We Should Be Aware Of The 50 State Constitutions, Often Interestingly Different--and Perhaps Better--than The National Model. Many States Have Updated Their Constitutions By Frequent Amendment Or By Complete Replacement Via State Constitutional Conventions. California's Ungovernable Condition Has Prompted Serious Calls For A Constitutional Convention. This Constant Churn Indicates That Basic Law Often Reaches The Point Where It Fails And Becomes Obsolete. Given The Experience Of So Many States, He Writes, Surely It Is Reasonable To Believe That The U.s. Constitution Merits Its Own Updating. Whether We Are Concerned About Making America More Genuinely Democratic Or Only About Creating A System Of Government That Can More Effectively Respond To Contemporary Challenges, We Must Confront The Ways Our Constitutions, Especially The United States Constitution, Must Be Changed In Fundamental Ways.
Does the United States Constitution, as a foundational document, remain functional for the demands of modern governance, or has it become an obstacle to democratic efficacy? Sanford Levinson, a professor of law and government, utilizes his extensive expertise in constitutional theory to argue that the document is fundamentally flawed and overdue for revision. By contrasting the rigid federal framework with the more flexible and frequently updated structures found in various state constitutions, he posits that the current national model contributes significantly to political dysfunction. The work serves as a critical examination of the procedural mechanisms that govern American life, urging a shift in focus from individual rights to the structural mechanics of power.
What You Will Find
Legal scholars and political scientists frequently cite this text as a provocative contribution to the ongoing debate regarding constitutional reform. Readers often note the accessible yet rigorous nature of the prose, which challenges long-held assumptions about the sanctity of American political institutions.
Page Count:
368
Publication Date:
2012-01-01
Publisher:
Oxford University Press
ISBN-10:
0199890765
ISBN-13:
9780199890767