By Stephen M. Griffin
This ebook is a brilliantly concise survey of latest constitutional research. Professor Griffin outlines a number of the camps of constitutional proposal with striking readability and intensely cautious quotation. despite the intensity of concept or hassle of the subject material, Professor Griffin lays out the positions of either side during this certain and novel booklet. This ebook should still locate its manner at the cabinets of any attorney, historian, student or political scientist drawn to the U.S. structure. This booklet combines unique scholarship with an obtainable writing sort. a real excitement.
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The influence of reverence for the Constitution on Roosevelt’s strategy for dealing with the Court is interesting because it suggests that Madison’s analysis in The Federalist No. 49 was correct. Veneration of the Constitution makes it a stable basis for government because it is very difficult to change a revered document. The Constitution is seen as an ideal by which government should be judged and becomes the focus of strong patriotic sentiments.
This question refers to the second difference between the state and federal constitutional experience that we identified earlier. Answering this question requires exploring the federal experience with constitutional change. As we have already noted, the federal experience looks very different from the state experience at first glance. As we shall see, however, there is a deeper resemblance between state and federal constitutional change. The best way to explore why federal constitutional change has not revolved around amendments is to examine the New Deal period during which the federal government permanently assumed new powers and responsibilities.
For discussion of cases concerning the limited but real sovereignty of Indian tribes, see Tribe, American Constitutional Law, pp. 1468–74. 34 See Samuel H. Beer, To Make a Nation: The Rediscovery of American Federalism (Cambridge: Harvard University Press, 1993), pp. 146–53, 163–94; Wood, Creation of the American Republic, pp. 344–54. 32 20 CHAPTER ONE the mantle of sovereignty. One answer was that each state government was now sovereign in the full sense. On this understanding, the Articles of Confederation merely established a league of states, and the Continental Congress was an assemblage of ambassadors.
American Constitutionalism by Stephen M. Griffin