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Full-Text Articles in Law
Amending The Constitution: Just Not Every November, Brendon Troy Ishikawa
Amending The Constitution: Just Not Every November, Brendon Troy Ishikawa
Cleveland State Law Review
Professor Akhil Amar has defended the idea that Americans may amend the Constitution regardless of Article V's dictates. Professor Amar does not stand alone on this claim. Professor Bruce Ackerman not only agrees, but would actually prefer direct popular amendment over the express Article V procedures. Their arguments, however, ignore the Framers' careful balancing of federal and popular principles in Article V by embracing only the democratic populist aspect of the Constitution. Part I of this Article examines and critiques Professor Amar's argument that the people may directly amend the Constitution without having to comply with Article V. An examination …
States' Repeal: A Proposed Constitutional Amendment To Reinvigorate Federalism, Aaron J. O'Brien
States' Repeal: A Proposed Constitutional Amendment To Reinvigorate Federalism, Aaron J. O'Brien
Cleveland State Law Review
The lack of both legislative and judicial integrity led to a governmental system which is federalist in name but centrally planned in reality. Congress regularly passes laws which stretch the conceivable bounds of its powers. By failing to overturn such legislation, the Supreme Court ignores the benefits of federalism and the significance of dual sovereignty. These changes render the individual citizen's opinion rather meaningless while attacking the roots of democracy and threatening the liberties early Americans so earnestly tried to preserve. The People are left without a mechanism through which to speak on a national level. Because of this dissolution …