By Stephen M. Griffin
This publication is a brilliantly concise survey of up to date constitutional research. Professor Griffin outlines many of the camps of constitutional concept with awesome readability and extremely cautious quotation. despite the intensity of notion or hassle of the subject material, Professor Griffin lays out the positions of each side during this detailed and novel publication. This e-book should still locate its method at the cabinets of any legal professional, historian, pupil or political scientist drawn to the united states structure. This e-book combines unique scholarship with an obtainable writing variety. a real excitement.
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56–57. 44 A few contributors to the debates of the time suggested abandoning the concept. See Greene, Peripheries and Center, pp. 137–38. , Political Theory Today, p. 238. 43 AMERICAN CONSTITUTIONALISM 23 ensue until there is a resolution that all can accept, whether it occurs through force of arms or otherwise. 46 This description fits the circumstances of the United States before the Civil War. 47 The Supremacy Clause of Article VI was set against the Tenth Amendment and the doctrine of state sovereignty.
75 Madison’s cautious approach toward constitutional amendment is probably the prevailing view today. While concerns are expressed from time to time that the amendment process is too difficult and stifles needed change, the dominant attitude is that it is dangerous to “tinker” with the Constitution and that the de facto near-unanimity requirement imposed by Article V helps preserve the stability of American government. 76 The problem Madison did not confront, however, is what occurs when the difficulty of amendment forces constitutional change to assume other forms.
Many of the subsequent discussions in this book will illustrate these tensions. The legalization of the Constitution is at once a significant source of the strength of American constitutionalism and a significant source of its weakness. Legalizing the Constitution made it enforceable, but also made large areas of the constitutional order subject to ordinary political change. The line between politics and the legalized Constitution is under constant stress as lawyers and judges seek to preserve and extend the legalized Constitution and resist the pressures toward informal change generated by American politics.
American Constitutionalism by Stephen M. Griffin