Essay by Stephen M. Griffin
This Essay explores what might be called the large-scale structure of the American constitutional universe through the presentation of a theory of American constitutionalism and constitutional change. The theory of American constitutionalism emphasizes the importance of the establishment of a legally enforceable Constitution in the wake of the politically unsettling events of the 1790s. While the legalization of the Constitution made it enforceable, it also narrowed the scope of constitutional law and opened the way for significant constitutional changes to occur through ordinary political means. The Essay explores how this occurred in the twentieth century through a discussion of constitutional change in the States and during the New Deal. President Franklin Roosevelt's decision not to ask for amendments during the New Deal is given particular emphasis. After discussing the definition of the Constitution, the Essay moves to a critical examination of Bruce Ackerman's more legalistic theory of constitutional change and offers some concluding thoughts on the implications of the theory of constitutional change for American constitutionalism.
About the Author
Stephen M. Griffin. Professor, Tulane Law School. Copyright (c) 1996 by Princeton University Press. This Essay is a revised version of Chapter One of my book, American Constitutionalism: From Theory to Politics (forthcoming 1996).
Citation
70 Tul. L. Rev. 2121 (1996)