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Lawfare Archive: Richard Albert on Constitutional Resilience Amid Political Tumult

The Lawfare Podcast

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Hydraulic Pressure and Constitutional Change

This chapter delves into the concept of hydraulic pressure within the U.S. Constitution, examining how blocked amendment pathways may lead to alternative routes for change through congressional actions and judicial interpretations. It illustrates how courts, especially in cases like Dobbs, can function as agents of constitutional amendment by adapting interpretations to meet shifting social demands.

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