By Stephen M. Griffin
This e-book is a brilliantly concise survey of up to date constitutional research. Professor Griffin outlines a few of the camps of constitutional idea with outstanding readability and extremely cautious quotation. despite the intensity of notion or hassle of the subject material, Professor Griffin lays out the positions of either side during this distinctive and novel ebook. This ebook may still locate its method at the cabinets of any attorney, historian, pupil or political scientist attracted to the united states structure. This booklet combines unique scholarship with an obtainable writing kind. a real excitement.
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9; Morgan, Inventing the People. 63 We will take up these questions in the second section of chapter 3. 62 AMERICAN CONSTITUTIONALISM 27 varying responses. 66 On this understanding, while the Constitution has no doubt adapted to change in part through judicial interpretation, some changes not reflected in the text and some Supreme Court decisions are so significant that they count as additional amendments to the document. Our discussion of constitutional change will challenge all of these received positions in varying degrees.
93 See Phillip S. Paludan, “The American Civil War Considered as a Crisis in Law and Order,” American Historical Review 77 (1972): 1021. 94 This is suggested by Michael Lienesch, New Order of the Ages: Time, the Constitution, and the Making of Modern American Political Thought (Princeton: Princeton University Press, 1988), pp. 148–49. 36 CHAPTER ONE eral constitutional change. 95 Third, and perhaps most important, the state experience suggests the difficulty of adhering to Randolph’s criterion that the constitution ought to include essential principles only.
When we seek the location of political authority in America in a practical sense, a plausible answer is that authority lies in a complex governmental system in which the people participate. There is no one locus for political authority. Saying that all political authority lies in the people, however, is clearly inaccurate. Popular sovereignty points toward an ideal of direct democracy that has never existed in the United States and avoids crucial issues of state authority. 62 It is true that there can be no objection if the doctrine is used simply as a synonym for democratic government.
American Constitutionalism by Stephen M. Griffin