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Framed - America's 51 Constitutions and the Crisis of Governance (Hardcover)
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Framed - America's 51 Constitutions and the Crisis of Governance (Hardcover)
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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.
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