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State Constitutional Politics - Governing by Amendment in the American States (Paperback)
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State Constitutional Politics - Governing by Amendment in the American States (Paperback)
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Since the US Constitution came into force in 1789, it has been
amended just twenty-seven times, with ten of those amendments
coming in the first two years following ratification. By contrast,
state constitutions have been completely rewritten on a regular
basis, and the current documents have been amended on average 150
times. This is because federal amendments are difficult, so
politicians rarely focus on enacting them. Rather, they work to
secure favorable congressional statutes or Supreme Court decisions.
By contrast, the relative ease of state amendment processes makes
them a realistic and regular vehicle for seeking change. With State
Constitutional Politics, John Dinan looks at the various occasions
in American history when state constitutional amendments have
served as instruments of governance. Among other things, amendments
have constrained state officials in the way they levy taxes and
spend money; enacted policies unattainable through legislation on
issues ranging from minimum wage to the regulation of marijuana;
and updated understandings of rights, including religious liberty,
equal protection, and the right to bear arms. In addition to
comprehensively chronicling the ways amendments shape politics in
the states, Dinan also assesses the consequences of undertaking
changes in governance through amendments rather than legislation or
litigation. For various reasons, including the greater stability
and legitimacy of changes achieved through the amendment process,
he argues that it might be a more desirable way of achieving
change.
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