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Cover of Spencer Bower and Handley: Res Judicata

Spencer Bower and Handley: Res Judicata

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Lord Denning: Life, Law and Legacy



  


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We the People: Volume 2: Transformations


ISBN13: 9780674003972
ISBN: 0674003977
Published: January 2000
Publisher: Harvard University Press
Country of Publication: USA
Format: Paperback
Price: £25.95



Despatched in 11 to 13 days.

This text argues that constitutional change, seemingly so orderly, formal, and refined, has in fact been a revolutionary process from the first.

The Founding Fathers not being the genteel conservatives of myth, set America on a course of revolutionary disruption and constitutional creativity that endures at the close of the millennium. Citing examples like the Civil War, Abraham Lincoln, the Great Depression and the New Dealers the author shows how the constitution was changed by these events.

He demonstrates how the American people have confronted the Constitution in its moments of crisis with dramatic acts of upheaval, always in the name of popular sovereignty.

The book also sets contemporary events, such as the Reagan revolution and ""Roe versus Wade"", in deeper constitutional perspective and considers fundamental reforms that might resolve them.

Contents:
Part 1 In the beginning: higher lawmaking; reframing the founding; the founding precedent.
Part 2 Reconstruction: formalist dilemmas; presidential leadership; the convention/congress; thegreat transformation.
Part 3 Modernity: from reconstruction to new deal; the missing amendments; rediscovery or creation?; reclaiming the constitution.