Constitutional Interpretation without a Constitution: Debating Union in the Early United States
In ways still not adequately appreciated, understanding the Constitution of 1787 meant first understanding the nature of the union that it governed.
In ways still not adequately appreciated, understanding the Constitution of 1787 meant first understanding the nature of the union that it governed.
During the Progressive Era, at least some state courts responded to progressive criticisms of conservative judicial activism. A study of six states shows that, as Progressive criticisms peaked, the courts’ strike-down rates began to decline.
Founding-era portrayals of the “Hebrew Republic” not only had an exclusionary influence that forever delegitimized kings in America but also shaped Founding-era thinking about a president who is republican and not royalist, who is subject to and not immune from the rule of law.