By Stephen M. Griffin
This booklet is a brilliantly concise survey of latest constitutional research. Professor Griffin outlines some of the camps of constitutional inspiration with awesome readability and extremely cautious quotation. despite the intensity of suggestion or hassle of the subject material, Professor Griffin lays out the positions of each side during this exact and novel publication. This booklet may still locate its method at the cabinets of any attorney, historian, student or political scientist drawn to the united states structure. This ebook combines unique scholarship with an obtainable writing sort. a real excitement.
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Extra info for American Constitutionalism
91 Many state constitutions acquired articles regulating corporations, labor unions, and systems of higher education—topics unknown to the federal Constitution. Another important force behind frequent constitutional change was popular distrust of state legislatures. Legislatures were distrusted for handing out a variety of special privileges and for loading state governments with debt. 92 By contrast, most citizens could live their lives without seeing any federal official other than the postmaster.
The American response was to deny the king and Parliament full sovereignty over colonial matters. S. , preamble. For general discussion, see Powell, “The Political Grammar of Early Constitutional Law,” pp. 985–87. 33 On the continued existence of state sovereignty and the sovereignty of the national government, see Akhil Reed Amar, “Of Sovereignty and Federalism,” Yale Law Journal 96 (1987): 1425–26. For discussion of cases concerning the limited but real sovereignty of Indian tribes, see Tribe, American Constitutional Law, pp.
103 See Leuchtenburg, The Supreme Court Reborn, pp. 100, 111. , pp. 110–11. See also Kyvig, “The Road Not Taken,” pp. 476–78. 105 Kyvig suggests that the amendment option was more realistic than Roosevelt realized, given the political experience acquired in ratifying six constitutional amendments since 1913 (Amendments 16–21). Kyvig also points out that state conventions could have been used under Article V to ratify an amendment (as they were used to ratify the Twenty-first Amendment, repealing prohibition).