American Constitutionalism by Stephen M. Griffin

By Stephen M. Griffin

This publication is a brilliantly concise survey of latest constitutional research. Professor Griffin outlines many of the camps of constitutional concept with notable readability and intensely cautious quotation. despite the intensity of notion or trouble of the subject material, Professor Griffin lays out the positions of each side during this special and novel publication. This ebook should still locate its method at the cabinets of any legal professional, historian, student or political scientist drawn to the USA structure. This e-book combines unique scholarship with an available writing kind. a real excitement.

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Internal sovereignty is the kind we are concerned with here, that is, the sovereignty that obtains within the territory of a given state. External sovereignty refers to the relationships between sovereign states. The discussion that follows does not apply to external sovereignty. For this distinction, see Charles R. , Political Theory Today (Stanford: Stanford University Press, 1991), p. 236. 38 Judith N. Shklar, Men and Citizens: A Study of Rousseau’s Social Theory (Cambridge: Cambridge University Press, 1985), p.

251. 52 See Madison, The Federalist Nos. , pp. 250–67, 308–23, 347–53. ”53 On this Madisonian understanding, sovereignty lies with the people, who then delegated power to the federal and state governments. 54 Historian Jack Greene notes that in “the early decades of the republic . . 56 The dissolution of the Madisonian understanding suggests that the idea of a delegation of power from the people is ultimately an abstraction unless it is actually the case that the people can step in to resolve conflicts between the different levels of government.

57 There were good reasons for Americans to think they could make popular sovereignty work. They invented the constitutional convention as a way to distinguish between fundamental and ordinary law. Once the Constitution was ratified and the government began operating, however, the power of popular sovereignty as an order-creating doctrine necessarily began receding into the 53 Madison, The Federalist No. , p. 351. See also the discussion in chapter 2, section three. 55 Greene, Peripheries and Center, p.

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