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On Formally Amending Constitutions

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This month marks the 25th anniversary of the publication, in the Fordham Law Review, of my and Adam Pritchard’s article “Rewriting the Constitution: An Economic Analysis of the Constitutional Amendment Process [2].” In this article Adam and I use a basic public-choice approach to develop a positive analysis of constitutional amendments, with application specifically to the United States Constitution.

Meeting Adam in law school was an extraordinary stroke of good luck in my life, which is filled with much more than its share of good luck. He and I wrote several articles together; I think that I am perhaps most proud of this one – a fact that likely means that I deferred, during its writing, especially often to Adam’s guidance, suggestions, and judgment.

Adam is now the Frances and George Skestos Professor of Law at the University of Michigan Law School [3].

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