The 1787 Constitution - TODAY
Rather than asking: "What factors have made it possible for a Constitution written in 1787 to survive into the 1990s and beyond?", it might be more pertinent to as if the Constitution has survived the twentieth century so far? The New Deal, the radical assault on American institutions in the 1960s, and the Clinton presidency as the confirmation of that radical assault. Both questions may be answered the same way.The nature and tendency of American constitutionalism at the present time, in the light of standards and principles held in the past. Although there may be value in trying to track the future of specific trends into the future, political life is unpredictable, and it is difficult to say what might happen to judicial activism, executive power, bureaucratic administration, states rights, federal centralization, etc. in the future. The text of the Constitution will continue to be referred to, invoked, and argued about in political controversies, this much is true. But in itself that fact does not say much, especially when many who invoke the Constitution as text regard it as a mere "condensation symbol" having no substantive content or real meaning. It seems better, and even necessary philosophically, to regard the e
The four controversies that are recognized as having produced basic constitutional change are the following: the American Revolution and Declaration of Independence; framing and ratification of the U.S. Constitution 1787-89; the Civil War and Reconstruction 1860-1877; and the New Deal 1933-45. In each controversy the losers protested that a revolution against the Constitution as written fundamental law had taken place, and against the underlying moral and social order that it stood for. The winners denied acting against the Constitution, or said that if a revolution occurred it was constitutionally legitimate. This has been true even when--or especially when--significant changes in the nature and scope of government and in liberty and property rights were made. xisting political and constitutional order as legitimate. However, this way of 'regarding' the existing order is not categorical, absolute, and final--and can never be, given the nature of politics. It does not require or signify affirmative approval of every element or feature of the existing governmental system, or passive obedience to everything a government might do. This might be hard to explain, but it's necessary to do so.
Some common words found in the essay are:
, War Reconstruction, Declaration Independence, context constitutional politics, constitutional enforcement, cultural context constitutional, limited government, cultural context, constitutional politics, context constitutional, politics congenial cause, politics congenial, congenial cause liberty, liberty limited, liberty limited government, congenial cause, government remains, cause liberty,
Approximate Word count = 809
Approximate Pages = 3 (250 words per page double spaced)
|