Citation

Coping with Two Constitutions: American Constitutionalism and Constitutional Change

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Abstract:

This paper will outline the Founders’ vision for formal constitutional change committed to a fixed written Constitution and popular consent rooted in natural right conceptions of law. In contrast the Progressive thinkers at the turn of the 19th century offered a competing vision of law which evolved to offer competing forms of constitutional change. The Progressive vision argued for adaptive constitutional change characterized by notions of an organic Constitution and expert management rooted in realist conceptions of law. These two competing visions for constitutional change correspond to competing visions of constitutionalism. These two American constitutions have remained distinct yet at the same time become deeply intertwined in the last 100 years. This conflict of visions continues to drive public debate over the Constitution and the courts and provides distinct options regarding constitutional change. In the end, this conflict of visions will determine the future direction of American constitutionalism.
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Association:
Name: Northeastern Political Science Association
URL:
http://www.northeasternpsa.org


Citation:
URL: http://citation.allacademic.com/meta/p381939_index.html
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MLA Citation:

Guerra, Darren. "Coping with Two Constitutions: American Constitutionalism and Constitutional Change" Paper presented at the annual meeting of the Northeastern Political Science Association, Crowne Plaza Hotel, Philadelphia, PA, Nov 19, 2009 <Not Available>. 2014-11-28 <http://citation.allacademic.com/meta/p381939_index.html>

APA Citation:

Guerra, D. P. , 2009-11-19 "Coping with Two Constitutions: American Constitutionalism and Constitutional Change" Paper presented at the annual meeting of the Northeastern Political Science Association, Crowne Plaza Hotel, Philadelphia, PA <Not Available>. 2014-11-28 from http://citation.allacademic.com/meta/p381939_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper will outline the Founders’ vision for formal constitutional change committed to a fixed written Constitution and popular consent rooted in natural right conceptions of law. In contrast the Progressive thinkers at the turn of the 19th century offered a competing vision of law which evolved to offer competing forms of constitutional change. The Progressive vision argued for adaptive constitutional change characterized by notions of an organic Constitution and expert management rooted in realist conceptions of law. These two competing visions for constitutional change correspond to competing visions of constitutionalism. These two American constitutions have remained distinct yet at the same time become deeply intertwined in the last 100 years. This conflict of visions continues to drive public debate over the Constitution and the courts and provides distinct options regarding constitutional change. In the end, this conflict of visions will determine the future direction of American constitutionalism.


Similar Titles:
Constitutional Change and American Federalism

Rejecting Organic Change: Formal Amendment and Fixed Constitutions in Early American State Constitution-making

Constitutional Change and American Pivotal Politics


 
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