- The Oxford Handbook of the U.S. Constitution
- Contributors
- Introduction: The Handbook of the United States Constitution
- The Constitution from 1620 to the Early Republic
- Constitutional Developments from Jackson through Reconstruction
- The Gilded Age through the Progressive Era
- From the New Deal through the Reagan Revolution
- The Reagan Revolution to the Present
- Constitutions as Basic Structure
- The Constitutional Politics of Congress
- The Constitutional Politics of the Executive Branch
- The Constitutional Politics of the Judiciary
- The Uneasy Place of Parties in the Constitutional Order
- Social Movements and the Constitution
- The Administrative State: Law, Democracy, and Knowledge
- The Resilience of the American Federal System
- Empire
- The Evolution of America’s Fiscal Constitution
- The Executive Power
- Enforcing the Fifteenth Amendment
- The Power of Judicial Review
- Delegation, Accommodation, and the Permeability of Constitutional and Ordinary Law
- Federalism
- Equality
- Liberty
- Property in the United States Constitution
- Gender, Sex, and the U.S. Constitution
- Racial Rights
- Autonomy (of Individuals and Private Associations)
- Citizenship
- Religion
- Free Speech and Free Press
- Criminal Procedure
- Habeas Corpus
- Native Americans
- Positive Rights
- The Right to Bear Arms
- Constitutionalism
- Emergency Powers
- Constitutional Authority
- Is Constitutional Law Really Law?
- Constitutionalism Outside the Courts
- State Constitutionalism
- Interpretation
- Constitutional Change
- The U.S. Constitution and International Law
- The Constitution in Comparative Perspective
- Education and the Constitution: Defining the Contours of Governance, Rights, and Citizenship
- The Economics of Constitutional Law
- The Constitution and United States’ Culture
- Table of Cases
- Index
Abstract and Keywords
This chapter examines constitutionalism in the United States, with particular emphasis on its origins and the problems of constitutional failure. It begins with an overview of the origins of constitutionalism, from the ancient period to the Middle Ages and through the modern times. It then describes the characteristics of constitutionalism in the United States, focusing on the debates over the locus of the Constitution’s authority, the legitimacy of judicial review, and the phenomenon of constitutional change. It also discusses critical theories that have set themselves against aspects of U.S. constitutional norms or practices, if not against constitutionalism itself. Two types of critical scholarship are considered: the first radically questions whether the very direction and constraint that constitutionalism demands or presupposes are possible, and the second includes theories that view the Constitution as an instrument for establishing or preserving certain hierarchies, whether of class, race, or sex (or all three).
Keywords: constitutionalism, United States, constitutional failure, Constitution, authority, judicial review, constitutional change, Legal Realism, Critical Race Theory, Feminist Legal Theory
The University of Alabama School of Law
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- The Oxford Handbook of the U.S. Constitution
- Contributors
- Introduction: The Handbook of the United States Constitution
- The Constitution from 1620 to the Early Republic
- Constitutional Developments from Jackson through Reconstruction
- The Gilded Age through the Progressive Era
- From the New Deal through the Reagan Revolution
- The Reagan Revolution to the Present
- Constitutions as Basic Structure
- The Constitutional Politics of Congress
- The Constitutional Politics of the Executive Branch
- The Constitutional Politics of the Judiciary
- The Uneasy Place of Parties in the Constitutional Order
- Social Movements and the Constitution
- The Administrative State: Law, Democracy, and Knowledge
- The Resilience of the American Federal System
- Empire
- The Evolution of America’s Fiscal Constitution
- The Executive Power
- Enforcing the Fifteenth Amendment
- The Power of Judicial Review
- Delegation, Accommodation, and the Permeability of Constitutional and Ordinary Law
- Federalism
- Equality
- Liberty
- Property in the United States Constitution
- Gender, Sex, and the U.S. Constitution
- Racial Rights
- Autonomy (of Individuals and Private Associations)
- Citizenship
- Religion
- Free Speech and Free Press
- Criminal Procedure
- Habeas Corpus
- Native Americans
- Positive Rights
- The Right to Bear Arms
- Constitutionalism
- Emergency Powers
- Constitutional Authority
- Is Constitutional Law Really Law?
- Constitutionalism Outside the Courts
- State Constitutionalism
- Interpretation
- Constitutional Change
- The U.S. Constitution and International Law
- The Constitution in Comparative Perspective
- Education and the Constitution: Defining the Contours of Governance, Rights, and Citizenship
- The Economics of Constitutional Law
- The Constitution and United States’ Culture
- Table of Cases
- Index