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Drawing from contemporary constitutional theory and the creative methodologies of grassroots actors, this Article argues that a state that violates its social contract avails itself to the constituent power of the people as they resist encroachments upon their liberty. * J.D., LL.M. Lecturer & Rule of Law Fellow at Stanford Law School.
1 de mar. de 1994 · [PDF] The Consent of the Governed: Constitutional Amendment Outside Article V | Semantic Scholar. DOI: 10.2307/1123201. Corpus ID: 51280372. The Consent of the Governed: Constitutional Amendment Outside Article V. A. Amar. Published 1 March 1994. Law. Columbia Law Review.
Volume 44 AUTUMN 1968 Number 4. THE CONSENT OF THE GOVERNED. By EUGENE V. ROSTOW. WE have come together at a magic place, symbol. of all that is best in us, to celebrate our Revolu tion, and to consider its part in our lives. The Fourth of July is at once the most frivolous and the. most solemn of our holidays.
The Consent of the Governed Richard B. Wells December, 2016 1. The Challenge of Government in a Free Society In 1787 delegates from twelve of the thirteen newly independent American states met in Philadelphia to plan a new system of government unlike any other previously known to humankind1. The delegates
17 de abr. de 2007 · As such, it provides a person with a categorical reason for action, one that does not depend on her inclinations or self-interest. Political obligation is also typically understood to be content-independent; that is, to be a duty to obey the law as such, or simply because it is the law [Hart 1982, pp. 254–55].
CONSENT OF THE GOVERNED explicitly set out in Article V. Specifically, I believe that Congress would be obliged to call a convention to propose revisions if a majority of American voters so petition; and that an amendment or new Constitution could be lawfully ratified by a simple majority of the American electorate.
Consent may enter the theory of legitimacy in three ways. It may be a condition, or the con dition of holding legitimate authority. Or, though not a condi tion of legitimacy itself, those conditions may be such that only a government based on the consent of the governed meets them. Finally, legitimate government may deserve the consent of its ...
