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We the People: Volume 2: Transformations

5.0 out of 5 stars 1 customer review
ISBN-13: 978-0674003972
ISBN-10: 0674003977
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Frequently Bought Together

  • We the People: Volume 2: Transformations
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  • We the People, Volume 1: Foundations (We the People (Harvard))
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  • We the People, Volume 3: The Civil Rights Revolution
Total price: $89.08
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Product Details

  • Paperback: 528 pages
  • Publisher: Belknap Press (September 15, 2000)
  • Language: English
  • ISBN-10: 0674003977
  • ISBN-13: 978-0674003972
  • Product Dimensions: 6.1 x 1.3 x 9.1 inches
  • Shipping Weight: 1.6 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #328,949 in Books (See Top 100 in Books)

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Format: Paperback
Bruce Ackerman eloquently uses the "higher lawmaking" theory just as Adam Smith used his invisible hand. Instead of guiding the American economic system and gross national product, Ackerman's higher lawmaking theory provides that the American ratification of the Constitution of the United States is led by things other than the system of ratification provided for us in Article V of the Constitution.
Ackerman proposes, and quite well, that ratification is not only led by the institutions of America, but We the People as well. Although I am far from being a "hypertexualist" in Ackerman's sense of the word, I do believe that the framers intended Article V of the Constitution to speak as a mandate for the people.
If Roosevelt in the 1930's was so concerned about hearing the mandate of We the People, why couldn't he have adhered to the Article V process even after the Supreme Court had bowed in defeat to laissez-faire in 1937? Was Roosevelt afraid that his New Deal would not make it through the formalistic Article V process? Roosevelt already had an unprecedented control over the Senate and the House, not to mention congressional election results of 46 of the 48 states in 1936. What was his fear in taking the path of amendment ratification?
Ackerman tackles these speculations and others in We the People. I strongly recommend this book for lawyers or the constitutionally inquisitive student.
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