Chapter

The Secret Constitution Resurgent

George P. Fletcher

in Our Secret Constitution

Published in print March 2003 | ISBN: 9780195156287
Published online November 2003 | e-ISBN: 9780199872169 | DOI: http://dx.doi.org/10.1093/0195156285.003.0010
The Secret Constitution Resurgent

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This chapter examines the role of constitutional amendments in American legal culture. Amendments that have already been approved – such as those that instituted the income tax, the popular election of senators, various forms of suffrage, and Prohibition – and those now being proposed, such as the victims’ rights amendment and a proposed amendment to outlaw flag‐burning – are discussed. The tension between the concept of a “civil society” and such values as freedom of speech and freedom of religion is also examined in a comparative context.

Keywords: civil society; constitutional amendments; flag‐burning; freedom of religion; freedom of speech; income tax; popular election of senators; Prohibition; suffrage; victims’ rights

Chapter.  8807 words. 

Subjects: US Politics

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