My two amendments

Paul Finkelman paul-finkelman at utulsa.edu
Thu Jan 26 13:18:01 PST 2006


The 7th is not bad, just sort of dumb!

Samuel Bagenstos wrote:

>I actually think the 18th is the only amendment I'd think of as obviously bad.  I don't really see the problem with the 2d or 7th.  Burger thought a lot of things I disagree with, and I don't see what's so terrible about having jury trials in basically all civil actions at law.
>
>====================================
>Samuel R. Bagenstos
>Professor of Law
>Washington University School of Law
>One Brookings Drive
>St. Louis, MO  63130
>314-935-9097
>Personal Web Page:  http://law.wustl.edu/Academics/Faculty/Bagenstos/index.html
>Disability Law Blog:  http://disabilitylaw.blogspot.com/
>
>  
>
>>>>Paul Finkelman <paul-finkelman at utulsa.edu> 1/26/2006 12:55 PM >>>
>>>>        
>>>>
>Chief Justice Warren Burger thought the 2nd Amendment was a great mistake.
>Thbe 7th is pretty dumb, with its $20 minimum.  And then there was 
>prohibition.....
>
>Paul Finkelman
>
>Samuel Bagenstos wrote:
>
>  
>
>>I tend to think that you'd have to agree that all of the amendments Matt mentions, plus the 19th and 25th, were unambiguous if not essential improvements to the original Constitution.  In general, though, I'd say the amendments have done a pretty good job overall:  There'd be only one or two amendments of the 27, if that, that I wouldn't have wanted to add.
>>
>>====================================
>>Samuel R. Bagenstos
>>Professor of Law
>>Washington University School of Law
>>One Brookings Drive
>>St. Louis, MO  63130
>>314-935-9097
>>Personal Web Page:  http://law.wustl.edu/Academics/Faculty/Bagenstos/index.html 
>>Disability Law Blog:  http://disabilitylaw.blogspot.com/ 
>>
>> 
>>
>>    
>>
>>>>>"Franck, Matthew J" <mfranck at radford.edu> 1/26/2006 11:43 AM >>>
>>>>>       
>>>>>
>>>>>          
>>>>>
>>The conversation travelled in a new direction while I taught a class.
>>But I'll take the question to me as, which one or two of the 27
>>amendments that have been added to the U.S. Constitution?  Okay, I
>>committed a slight hyperbole and my list is actually almost twice as
>>long.  The one that I think we couldn't have done without is the 12th.
>>Two that became politically necessary although their objects could have
>>been accomplished otherwise are the 13th and 15th.  For good measure I
>>would throw in the first sentence of the 14th and its section 5, and
>>leave it at that.
>>
>>
>>
>>Matt
>>
>>***************************
>>
>>Matthew J. Franck
>>
>>Professor and Chairman
>>
>>Department of Political Science
>>
>>Radford University
>>
>>P.O. Box 6945
>>
>>Radford, VA 24142-6945
>>
>>phone 540-831-5854
>>
>>fax 540-831-6075
>>
>>e-mail mfranck at radford.edu 
>>
>>www.radford.edu/~mfranck 
>>
>>***************************
>>
>>
>>
>>-----Original Message-----
>>From: Samuel Bagenstos [mailto:srbagenstos at wulaw.wustl.edu] 
>>Sent: Thursday, January 26, 2006 11:16 AM
>>To: SLevinson at law.utexas.edu; Conlawprof at lists.ucla.edu; Franck, Matthew
>>J; lawcourts-l at usc.edu 
>>Subject: RE: the ever more mysterious Democratic Party
>>
>>
>>
>>I've got to ask, which one or two?
>>
>>
>>
>>====================================
>>
>>Samuel R. Bagenstos
>>
>>Professor of Law
>>
>>Washington University School of Law
>>
>>One Brookings Drive
>>
>>St. Louis, MO  63130
>>
>>314-935-9097
>>
>>Personal Web Page:
>>http://law.wustl.edu/Academics/Faculty/Bagenstos/index.html 
>>
>>Disability Law Blog:  http://disabilitylaw.blogspot.com/ 
>>
>>
>>
>> 
>>
>>    
>>
>>>>>"Franck, Matthew J" <mfranck at radford.edu> 1/26/2006 9:48 AM >>>
>>>>>       
>>>>>
>>>>>          
>>>>>
>>
>>Then again, I can only think of one or two constitutional amendments I
>>
>>would ever have added to the original Constitution, from among all those
>>
>>we have had.
>>
>>
>>
>>
>>
>>
>>
>>Matt
>>
>>
>>
>>***************************
>>
>>Matthew J. Franck
>>
>>Professor and Chairman
>>
>>Department of Political Science
>>
>>Radford University
>>
>>P.O. Box 6945
>>
>>Radford, VA 24142-6945
>>
>>phone 540-831-5854
>>
>>fax 540-831-6075
>>
>>e-mail mfranck at radford.edu <BLOCKED::mailto:mfranck at radford.edu> 
>>
>>www.radford.edu/~mfranck 
>>
>><BLOCKED::http://www.radford.edu/~mfranck> ***************************
>>
>>
>>
>>
>>
>>
>>_______________________________________________
>>To post, send message to Conlawprof at lists.ucla.edu 
>>To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof 
>>
>>Please note that messages sent to this large list cannot be viewed as private.  Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
>> 
>>
>>    
>>
>
>  
>

-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

paul-finkelman at utulsa.edu


-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/cgi-bin/mailman/private/conlawprof/attachments/20060126/bd0f5093/attachment.html


More information about the Conlawprof mailing list