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Malleable Constitutions: Reflections on State Constitutional Reform
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I. Introduction
American federalism has produced curious and potentially significant differences in provisions for changing a constitution. Article V of the U.S. Constitution provides for only two procedures for amendment, both of which are difficult, and none for replacement.1 Most state constitutions offer a variety of easier paths for both. But what are the political consequences of greater constitutional malleability? Constitutions with lower thresholds for amendment and revision should change more often, of course, but the implications for the content of the constitution are unclear. ...
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