By Stephen M. Griffin
This publication is a brilliantly concise survey of latest constitutional research. Professor Griffin outlines some of the camps of constitutional proposal with outstanding readability and extremely cautious quotation. despite the intensity of concept or trouble of the subject material, Professor Griffin lays out the positions of both sides during this certain and novel booklet. This booklet may still locate its approach at the cabinets of any attorney, historian, student or political scientist attracted to the U.S. structure. This ebook combines unique scholarship with an available writing sort. a real excitement.
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357. See generally William E. Leuchtenburg, The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt (New York: Oxford University Press, 1995). It is important to note that constitutional change continued after the New Deal in World War II and the Cold War. The changes during these periods are explored in chapter 2. Contemporary constitutional developments are reviewed in chapter 6. , pp. 213–28. 96 AMERICAN CONSTITUTIONALISM 37 mental changes to the American constitutional order.
How do we define the Constitution? The discussion below is divided into sections providing an overview of the problem of constitutional change, exploring constitutional change in the light of the experience of the states and the New Deal, examining an important recent theory of constitutional change, discussing the question of how to define the Constitution, and exploring the implications of the problem of constitutional change for our understanding of American constitutionalism. The most important points made in the following discussion can be stated briefly.
93 Hence there was no felt need for changing the federal Constitution. Thus the difference in evolution between state and federal constitutions—state constitutions changed rapidly because there was more governing going on at the state level, while at the federal level, time seemed to stand still. The American experience with state constitutions is illuminating in several ways. First, it shows that despite conventional wisdom, Americans do not have a consistent philosophy of constitutional change.