American Constitutionalism - download pdf or read online

By Stephen M. Griffin

ISBN-10: 0691034044

ISBN-13: 9780691034041

ISBN-10: 1400811872

ISBN-13: 9781400811878

This ebook is a brilliantly concise survey of latest constitutional research. Professor Griffin outlines a number of the camps of constitutional inspiration with striking readability and intensely cautious quotation. despite the intensity of idea or trouble of the subject material, Professor Griffin lays out the positions of both sides during this special and novel publication. This e-book should still locate its approach at the cabinets of any attorney, historian, pupil or political scientist attracted to the U.S. structure. This booklet combines unique scholarship with an available writing type. a real excitement.

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New York: W. W. Norton, 1983), pp. 123–27. 32 CHAPTER ONE how strictly the list of powers granted to Congress should be read. The Virginia and Kentucky Resolutions of 1798 posed the broader issue of the nature of American federalism. The Louisiana Purchase of 1803 is a good example of early constitutional change. President Jefferson thought at first it was clear that an amendment was required because the Constitution said nothing about the power of the United States to acquire new territory. He stated that asking for an amendment was preferable to assuming the existence of the power through an interpretation of the Constitution.

As we shall see in subsequent chapters, however, the doctrine has had a deleterious influence on American constitutional theory. It has served as an intellectual crutch, a substitute for a robust understanding of contemporary American democracy. 63 Appeals to the doctrine are routine in the debate over the legitimacy of judicial review, a debate we will review in chapter 3. The doctrine is also important in the debate over theories of constitutional interpretation, as we shall see in chapter 5.

Quoted in Beer, To Make a Nation, p. 2. 41 For recent presentations of the nationalist viewpoint that the American people, acting through the Continental Congress, created the states, see generally Beer, To Make a Nation; Richard B. Morris, The Forging of the Union 1781–1789 (New York: Harper and Row, 1987); Rakove, The Beginnings of National Politics. For continuing doubts about the strength of the nationalist position, see Herman Belz, “The South and the American Constitutional Tradition at the Bicentennial,” in Kermit L.

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American Constitutionalism by Stephen M. Griffin


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