Rosalind Dixon, "Partial Constitutional Amendments"
Art. V of the Constitution makes the formal process of constitutional amendment extremely difficult - in fact far too difficult according to most constitutional scholars. But does it matter? And if so, what can we do about it? Amending Art V seems near impossible...and the idea, advanced by some Yale law professors, that we should be free to amend the Constitution via a national referendum seems equally implausible (not to mention undesirable). Professor Dixon therefore proposes a new solution to the problem: that the Supreme Court should treat failed amendments supported by a Congressional majority as "partial" constitutional amendments.
Rosalind Dixon is Assistant Professor of Law at the University of Chicago Law School. This talk was recorded Feb. 16, 2010 as part of the Chicago's Best Ideas Series.