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'Constitutional Orphan' explores the role of the former suffragists in the emergence of a limited conception of the Nineteenth Amendment, that the Nineteenth was simply a rule preventing states from discriminating against women at the ballot box. The text describes new legal scholarship, which suggests how the Nineteenth can be used more robustly to fully secure gender equality today.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Notes on contributors -- Acknowledgements -- 1. Introduction. Comparative constitutional change: a new academic field -- PART I: The study of comparative constitutional change: theoretical and methodological aspects -- 2. Comparative methodology and constitutional change -- 3. Order from chaos? Typologies and models of constitutional change -- 4. Constitutional endurance -- 5. Constitutional amendment versus constitutional replacement: an empirical comparison -- 6. Varieties of liberal constitutionalism -- PART II: Formal constitutional change -- 7. Formal amendment rules: functions and design -- 8. Constitutional design through amendment -- 9. The uses and abuses of constitutional unamendability -- 10. Federalism and constitutional change -- 11. Participatory constitutional change: constitutional referendums -- PART III: Informal constitutional change -- 12. Political practice and constitutional change -- 13. Judge-made constitutional change -- 14. Global values, international organizations and constitutional change -- 15. Crises, emergencies and constitutional change -- 16. The material study of constitutional change -- PART IV: Contemporary challenges in the theory and practice of comparative constitutional change -- 17. Constituent power and European constitutionalism -- 18. Populism and constitutional change -- 19. The democratic backsliding in the European Union and the challenge of constitutional design -- 20. Constitution and self-determination -- 21. Gender in comparative constitutional change -- PART V: Case studies: distinct profiles of constitutional change -- 22. The future of UK constitutional law -- 23. Constitutional change in Australia: the paradox of the frozen continent.

This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law works. To capture the patterns of constitutional change, multi-faceted parameters are explored such as the interrelations between form of government, party system, and constitutional amendment; the in

This book provides a brief intellectual and constitutional history of the Article V amending process from the Imperial Crisis until the present and shows Article V to be a vital part of the Constitutional architecture. Furthermore, it defends Article V from critics who claim it is too difficult, undemocratic, and too formal; and it makes the case for Article V as the sole legitimate form of Constitutional amendment

In the post-Soviet era, there are only five socialist/communist regimes left in the world. However, there is little writing that considers these regime structures and the role constitutionalism plays in maintenance and development of the state and institutions of these countries. This text examines the effects of change across these constitutions.

Frontmatter -- CONTENTS -- Introduction -- CHAPTER I. Europeans and the New World -- CHAPTER II. The Articles of Confederation -- CHAPTER III. The Constitution and American Indian Tribes -- CHAPTER IV. The Relationship of Indian Tribes to the Three Branches of the Federal Government -- CHAPTER V. The Historical Development of Constitutional Clauses -- CHAPTER VI. The Constitutional Amendments -- CHAPTER VII. The Later Constitutional Amendments -- CHAPTER VIII. The Status of Indian Tribes and the Constitution -- Notes -- References -- Index of Cases -- General Index