Thursday, September 13, 2012
The Missing Unwritten Constitution
Gerard N. Magliocca
I have finished reading Akhil Amar's terrific new book on The Unwritten Constitution. It's something that everyone who enjoys constitutional law or politics should buy. You'll want to throw it across the room when you disagree with what he says, but five minutes you will run over and pick it up again.
As an alternative to Gerard's closing suggestion, maybe there's a book in the wings for Gerard if he's not too busy:
"REHABILITATING THE UNWRITTEN CONSTITUTION"
This might give rise to a movement for a constitutional convention and an amendment making it clear that there is no unwritten constitution that's worth the paper it's not written on.
For those interested in Amar's new book, he is posting at VC, including responses to his postings by DB and Ilya, to which Amar responds (as well as comments from the "usual suspects" at VC). Looks like a "round-robin" constitutional brouhaha in the making.
Why would most lawyers view it as "deeply wrong" to change the number of seats on the Supreme Court (assuming, perhaps improbably, the change would have predictable impact on outcomes)?
Imagine oral arguments with 17 Justices to ask questions and otherwise interrupt the attorneys, to write more books on judicial philosophy and how to interpret/construe the Constitution. Imagine also the additional confirmation time in the Senate.
I don't think nine (9) is a magic number, but what might the historical (hysterical?) accuracy of foresight tell us what to expect with either an increase or decrease in the number of Justices? I go along with mls' question, whether the impact would be predictable or unpredictable.
I can relate with the throwing the book ... the guy has some out there ideas. I agree as a whole he's a charm.
If you throw the book, you might get an impact.
For changing the number of Supremes, I think the word you're looking for is "effect".
Yours for saving the language.
"In the end, Amar (patriotic American that he is), does not accept the British concept of unwritten law."
It's his saving grace. From an American standpoint, the very idea of "law" implies "written", because the law consists of formal rules. If it isn't formal, written down, it isn't law. It is merely "custom".
Brett, that's not so much an American concept as a modern one. As JGA Pocock pointed out, the Medieval view was that custom was binding.
Mark, if that's the "modern" conception of the law, I'd say a lot of people, such as Gerard above, are trying to kill it off, on the basis that it's already dead outside the US, where custom is binding, and written law is, eh.
Unwritten constitutions are fine in their place, which is countries which lack written ones. But the primary point of writing down law, (And constitutions are law, or they are nothing.) is so that you know what the law is. And by extension, isn't.
I guess I can see "unwritten constitution" as a metaphor, though I think it's not a very good one. But I repeatedly get the impression it's meant to convey something more literal.
And that the point of elevating the unwritten, is to lower the written...
I don't think they're trying to kill it off so much as pointing out that long-standing custom acquires a force of its own even in situations where there's a formal law. This happens a lot outside the area of Constitutional law. It's part of the basis for stare decisis, for example, but custom and practice are recognized in many areas.
"If it isn't formal, written down, it isn't law. It is merely 'custom'."
may conflict with common law.
I don't think they're trying to kill it off so much as pointing out that long-standing custom acquires a force of its own even in situations where there's a formal law. This happens a lot outside the area of Constitutional law.Buy Windows 7 Key
Windows 7 professional Key
Windows 7 professional activation Key
Is there such a good book about the British constitution, either formulation, by the way? I think I'd like to read it.
dbomp should Google:
for links to free sources on the subject and perhaps a book on the subject. The free sources may be more than adequate for dbomp's purposes.
don't forget the "written" 9th Amendment and the human rights incorporated by reference therein. Human Rights and the Ninth Amendment: A New Form of Guarantee, Cornell L. Rev. (1975).
Lanvin Bag Fashion design,color clean and pure,add a delicate metal chain belts braided part highlights alternative style,perfect appearance to the nines.High quality leather will the whole bag to ascend to the higher level up.This is a charming bag.Lanvin Bag is fashionable personage love most,make public however not vulgar,the bag is very big,enough for you to go out necessities,aglet part of this process is very perfect,leather and metal union,fashion and comfortable.You should not miss this perfect bag it.
Thought of sentence which you can instruct your dog collar for the duration of house breaking. As soon as you take your pup out of doors, mention "go potty" in their mind so that they will internet affiliate the phrase through going to the bath room exterior.
You need to smart dog carrier decision puppie's brand commonly, to make sure he or she works that will partner this by means of bearing in mind a person. Utilize the designate often, specially while in the first of all years in the house; the puppy must relate his / her title having focusing on you will. Find a new puppy label that will appears specially dog leashes as compared to plain english your pet dog may perhaps perceive each day.
Thank you for another great article. Where else could anybody get that kind of info in such a perfect way of writing? I have a presentation next week, and I am on the look for such info.
HD kaliteli porno izle ve boşal.Post a Comment
Bayan porno izleme sitesi.
Bedava ve ücretsiz porno izle size gelsin.
Liseli kızların ve Türbanlı ateşli hatunların sikiş filmlerini izle.
Siyah karanlık odada porno yapan evli çift.
harika Duvar Kağıtları bunlar
tamamen ithal duvar kağıdı olanlar var