By Stephen M. Griffin
This publication is a brilliantly concise survey of up to date constitutional research. Professor Griffin outlines many of the camps of constitutional inspiration with impressive readability and intensely cautious quotation. despite the intensity of suggestion or hassle of the subject material, Professor Griffin lays out the positions of each side during this distinctive and novel e-book. This booklet may still locate its means at the cabinets of any attorney, historian, student or political scientist attracted to the USA structure. This e-book combines unique scholarship with an obtainable writing type. a real excitement.
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Extra resources for American Constitutionalism
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. When change is relatively easy, Americans are not restrained by a taboo against constitutional tinkering.
111–60. 102 See David E. Kyvig, “The Road Not Taken: FDR, the Supreme Court, and Constitutional Amendment,” Political Science Quarterly 104 (1989): 473–76. 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).
359. 88 See James Willard Hurst, The Growth of American Law: The Law Makers (Boston: Little, Brown, 1950), pp. 202–3. 89 See William E. Nelson, The Fourteenth Amendment: From Political Principle to Judicial Doctrine (Cambridge: Harvard University Press, 1988), pp. 27–30. 90 See Leonard D. White, The Federalists (New York: Macmillan, 1948), p. 466; Leonard D. White, The Jacksonians (Chicago: Free Press, 1954), pp. 4–5. AMERICAN CONSTITUTIONALISM 35 brunt of the adaptation in government policy that was required by the developing American economy.