http://www.timelyrenewed.com Home of the Constitution Renewal Initiative Tue, 30 Jul 2019 11:44:49 +0000 hourly 1 http://wordpress.org/?v=3.0.1 http://www.timelyrenewed.com/?page_id=317#comment-683 Constitutional law roundup - Mortgage Fraud Examiners Mon, 04 Jun 2018 21:29:17 +0000 http://www.timelyrenewed.com/?page_id=317#comment-683 [...] new and better Article V? [proposal for an “amendment amendment“] Tags: Article V, constitutional law, guns, occupational licensure, petty fines and fees, [...] [...] new and better Article V? [proposal for an “amendment amendment“] Tags: Article V, constitutional law, guns, occupational licensure, petty fines and fees, [...]

]]> http://www.timelyrenewed.com/?page_id=317#comment-682 Constitutional law roundup – John Culbreath Mon, 04 Jun 2018 10:46:40 +0000 http://www.timelyrenewed.com/?page_id=317#comment-682 [...] new and better Article V? [proposal for an “amendment amendment“] Tags: Article V, constitutional law, guns, occupational licensure, petty fines and fees, [...] [...] new and better Article V? [proposal for an “amendment amendment“] Tags: Article V, constitutional law, guns, occupational licensure, petty fines and fees, [...]

]]> http://www.timelyrenewed.com/?page_id=317#comment-681 Constitutional law roundup - Overlawyered Mon, 04 Jun 2018 10:30:09 +0000 http://www.timelyrenewed.com/?page_id=317#comment-681 [...] A new and better Article V? [proposal for an “amendment amendment“] [...] [...] A new and better Article V? [proposal for an “amendment amendment“] [...]

]]> http://www.timelyrenewed.com/?page_id=317#comment-679 The Supreme Court versus the Constitution - Kerala Lawyer Fri, 08 Dec 2017 15:59:46 +0000 http://www.timelyrenewed.com/?page_id=317#comment-679 [...] In his book Making Our Democracy Work, Justice Stephen Breyer has argued eloquently that the Supreme Court should seek in its decision-making to promote democratic governance. How does it promote democratic governance for unelected judges to supersede the explicitly democratic procedures of Article V? Why bother meeting the requirements of Article V if the Supreme Court can change the Constitution so much more easily? When we have a written Constitution that explicitly lays out the standards for amendment, the Court should give deference to those standards. The Supreme Court has no exemption from Article V and is as bound by it as much as by any other part of the Constitution. So if the procedure for amending the Constitution is too cumbersome, instead of the Court’s assuming the powers granted by Article V to the democratic departments of government, the more democratic solution would be for the justices to urge those democratic departments to reform Article V. [...] [...] In his book Making Our Democracy Work, Justice Stephen Breyer has argued eloquently that the Supreme Court should seek in its decision-making to promote democratic governance. How does it promote democratic governance for unelected judges to supersede the explicitly democratic procedures of Article V? Why bother meeting the requirements of Article V if the Supreme Court can change the Constitution so much more easily? When we have a written Constitution that explicitly lays out the standards for amendment, the Court should give deference to those standards. The Supreme Court has no exemption from Article V and is as bound by it as much as by any other part of the Constitution. So if the procedure for amending the Constitution is too cumbersome, instead of the Court’s assuming the powers granted by Article V to the democratic departments of government, the more democratic solution would be for the justices to urge those democratic departments to reform Article V. [...]

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