Constitutional Stupidities Constitutional Tragedies

Author: William N. Eskridge
Publisher: NYU Press
ISBN: 0814722563
Size: 64.59 MB
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This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? "Stupid" need not mean evil.

Our Undemocratic Constitution

Author: Sanford Levinson
Publisher: Oxford University Press
ISBN: 0199885710
Size: 73.12 MB
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See John Seery, “Jesus for President: The Case for a Constitutional Amendment
to Lower the Age Requirements for Elected Federal Office” (unpublished
manuscript, 2005). I am very grateful to Professor Seery for sharing his very
interesting manuscript with me. 4. See id., particularly chapter 3. 5. In William
Eskridge and Sanford Levinson, eds., Constitutional Stupidities, Constitutional
Tragedies (New York University Press, 1998), pp. 67–70. All quotations in this
paragraph come from ...

2007 Civil Rights Issue

Author: Salmon P. Chase College of Law
Publisher:
ISBN:
Size: 55.88 MB
Format: PDF
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The major portion of this paper will consist of exposition and critique of Professor
Graber' s account the Dred Scott case and constitutional evil as well as the
Lincolnian response. But first, to set the stage and provide some context for these
discussions, I will do three things. First, I will introduce the notion of Dred Scott as
a constitutional tragedy of national proportions and examine some ways in which
the tragic dimensions of the case and its aftermath have been analyzed. Second,
I will ...

Secular Revelations

Author: Mitchell MELTZER
Publisher: Harvard University Press
ISBN: 0674040945
Size: 40.76 MB
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The Constitution of the United States and Classic American Literature Mitchell
MELTZER, Mitchell Meltzer ... Two rare attempts at sustained criticism of the
Constitution have recently been published—William Eskridge and Sanford
Levinson, eds., Constitutional Stupidities, Constitutional Tragedies (New York:
New York University Press, 1998), and How Democratic Is the American
Constitution? (New Haven, Conn.: Yale University Press, 2001) by political
scientist Robert Notes.

Constitutional Dilemmas

Author: Lorenzo Zucca
Publisher: Oxford University Press, USA
ISBN: 9780199204977
Size: 71.21 MB
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... Jr, and J Paul (eds), The Right to Privacy (Cambridge: CUP, 2000) Enoch, D, A
Right to violate one's Duty', Law and Philosophy 21 (2002) 355-84 Eskridge, WN
Jr, 'United States: Lawrence v. Texas and the imperative of comparative
constitutionalism', International Journal of Constitutional Law 555 (2004)
Eskridge, WN, and S Levinson (ed), Constitutional Tragedies and Constitutional
Stupidities (New York NYU Press, 1998) Fallon Jr, RH, Implementing the
Constitution (Cambridge ...

Constitutional Commentary

Author:
Publisher:
ISBN:
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Professors William Eskridge and Sandy Levinson recently collected essays on
constitutional stupidities and tragedies.9 They asked various authors to identify
the worst feature of the United States Constitution. Apportionment of direct tax is a
profound stupidity. Although slavery, at least, is worse, apportionment of direct tax
is a constitutional stupidity that we can eliminate without a civil war. Through
proper constitutional interpretation, we can sure that apportionment of tax will
never ...

California Law Review

Author:
Publisher:
ISBN:
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In fact, if a constitutional theory produces results that are too good, morally
speaking, that is a reason to be suspicious: “[A] theory, once chosen, ought to
bind any principled adherent to at least some results that she would otherwise
reject. ... The same notion is in some ways the premise of the entire discussion of
constitutional “stupidities“ and “tragedies” in CONSTITUTIONAL STUPIDITIES,
CONSTITUTIONAL TRAGEDIES (William N. Eskridge & Sanford bevinson eds.,
1998). 31.

Dishonorable Passions

Author: William N. Eskridge Jr.
Publisher: Penguin
ISBN: 1440631107
Size: 37.13 MB
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Sodomy Laws in America, 1861-2003 William N. Eskridge Jr. Also by William N.
Eskridge Jr. Gay Marriage: For Better or for Worse? Equality Practice: Civil
Unions and the Future of Gay Rights Gaylaw: Challenging the Apartheid of the
Closet Constitutional Stupidities, Constitutional Tragedies The Case for Same-
Sex Marriage William N. Eskridge Jr. DISHONORABLE PASSIONS Sodomy
Laws in America.

The Law Of Politics

Author: Christopher Schroeder
Publisher:
ISBN:
Size: 29.94 MB
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... among other things, why federal judges can time their resignations to accord
with their political preference as to likely replacements). Each and every one of
these structural features of our political system has profound implications for the
ways that politicians practice their crafts. I am not particularly fond of some of
these features of the U.S. political system. Indeed, Bill Eskridge and I have co-
edited a book, Constitutional Stupidities, Constitutional Tragedies, which, among
other things ...

Hastings Constitutional Law Quarterly

Author: Hastings College of the Law
Publisher:
ISBN:
Size: 38.58 MB
Format: PDF
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I find myself in the unusual position of favorably quoting Justice Scalia with
regard to constitutional interpretation: “Words do have a limited range of meaning
, and no interpretation that goes beyond that range is permissible.”“ This is true,
particularly with regard to “hardwired” structures. ... to assert the contrary, then we
are stuck, unless, 10. S88 CONSTITUTIONAL STUPIDITIES, CONSTITUTIONAL
TRAGEDIES (William Eskridge & Sanford Levinson eds., N.Y. Univ. Press 1998).
I1.