The Consent of the Governed: Constitutional Amendment Outside Article V
dc.contributor.author | Amar, Akhil | |
dc.date | 2021-11-25T13:34:56.000 | |
dc.date.accessioned | 2021-11-26T11:49:28Z | |
dc.date.available | 2021-11-26T11:49:28Z | |
dc.date.issued | 1994-01-01T00:00:00-08:00 | |
dc.identifier | fss_papers/982 | |
dc.identifier.citation | Akhil Reed Amar, Consent of the Governed: Constitutional Amendment outside Article V, The, 94 COLUM. L. REV. 457 (1994). | |
dc.identifier.contextkey | 1666478 | |
dc.identifier.uri | http://hdl.handle.net/20.500.13051/5403 | |
dc.description.abstract | Mark Twain once defined a literary "classic" as a work "which people praise and don't read." Jefferson's majestic proclamation of self-evident truths has reached an even more exalted status: words which people praise and do read, but don't understand. For if understood, these words, and their evolving meaning between 1776 and 1789, call for a fundamental rethinking of conventional understandings of the U.S. Constitution. Concretely, the U.S. Constitution is a far more majoritarian and populist document than we have generally thought; and We the People of the United States have a legal right to alter our Government-to change our Constitution- via a majoritarian and populist mechanism akin to a national referendum, even though that mechanism is not explicitly specified in Article V. | |
dc.title | The Consent of the Governed: Constitutional Amendment Outside Article V | |
dc.source.journaltitle | Faculty Scholarship Series | |
refterms.dateFOA | 2021-11-26T11:49:28Z | |
dc.identifier.legacycoverpage | https://digitalcommons.law.yale.edu/fss_papers/982 | |
dc.identifier.legacyfulltext | https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1968&context=fss_papers&unstamped=1 |