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Tables of Contents for Explicit and Authentic Acts
Chapter/Section Title
Page #
Page Count
Preface
ix
10
Acknowledgments
xix
 
1. "HERE SHALL BE THY BOUNDS" The Rise of Constitutionalism
1
18
2. "TO RECTIFY THE ERRORS THAT WILL CREEP IN" The Emergence of the Amending Corollary
19
23
3. "A PEACEABLE PROCESS OF CURE" Devising the American Amending System
42
24
4. "A REMEDY IN THE SYSTEM ITSELF" Amending and the Adoption of the Constitution
66
21
5. "THE MOST SATISFACTORY PROVISIONS FOR ALL ESSENTIAL RIGHTS" Immediate Amendment as the Constitution's Price and Proof
87
23
6. "TOO TICKLISH TO BE UNNECESSARILY MULTIPLIED" Amendments and the Judicial Review Alternative
110
24
7. "IN PURSUIT OF AN IMPRACTICABLE THEORY" States' Rights and Constitutional Amendment
134
20
8. "CONSUMMATED AMID FIERY PASSIONS" The Second American Constitutional Revolution
154
34
9. "NO FORCE LESS THAN THE FORCE OF REVOLUTION" Resurrecting the Amending Remedy
188
28
10. "JUST AS FAR AS PUBLIC SENTIMENT WOULD JUSTIFY" An Era of Constitutional Activity and Faith
216
24
11. "LIKE THE RATCHET ON A COG WHEEL" Second Thoughts About Amendment
240
28
12. "WHERE THE PEOPLE THEMSELVES EXPRESS THEIR WILL" Altering Established Constitutional Provisions and Practices
268
21
13. "THE DANGER OF TINKERING" Forgoing Amendment in the Third American Constitutional Revolution
289
26
14. "THE SHARP ANGER OF A MOMENT" Attempted Counterrevolution by Amendment
315
34
15. "NOT PERFECT, BUT BETTER THAN NO SOLUTION" Amendments to Solve Immediate Problems
349
21
16. "TO SET OUT ON A VAST UNCHARTED SEA" Failed Quests to Alter Original Agreements
370
24
17. "THEY THOUGHT THAT JUST BEING RIGHT WOULD BE ENOUGH" Amendments as Tests of National Consensus
394
32
18. "TO MANIPULATE THE SYMBOL OF NATIONAL PURPOSE" Amendment Politics in a Conservative Era
426
35
19. "THE OFFSPRING OF OUR OWN CHOICE" Amendments in Constitutional Thought and Practice
461
28
Notes
489
58
Bibliography
547
40
Index
587