Introduction to American Constitutionalism

Graber, Mark A.

doi:10.1093/acprof:oso/9780199943883.003.0001

Cited by 4 publications

(7 citation statements)

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“…"Constitutions establish legal authority for all legal enactments and actions." (Graber (2013), p. 24). 12.…”

Section: A S I a N J O U R N A L O F L A W A N D S O C I E T Ymentioning

confidence: 99%

The Authors Do Not Speak: A People’s Reading of the ASEAN Charter

Bagulaya

2019

AsianJLS

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While the Association of Southeast Asian Nations (ASEAN) Charter has been read by commentators as a constitutional document, its use of the peoples of Southeast Asia as fictional authors of the text has not been fully explored. A people’s reading of the ASEAN Charter provides a critical perspective that uncovers the elitist and statist nature of this document. A close textual analysis of the preamble reveals that these purported authors are displaced by the Heads of State as the speaking subject and creators of the new legal entity. This textual displacement transforms the constituent treaty into a state monologue as it imposes a utopian vision of capitalism on the geopolitical body of the region. Contrary to its democratic claims, the Charter has only constitutionalised reification, class structures, and the exclusion of the peoples from power. The ASEAN constitution silences its own authors.

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“…"Constitutions establish legal authority for all legal enactments and actions." (Graber (2013), p. 24). 12.…”

Section: A S I a N J O U R N A L O F L A W A N D S O C I E T Ymentioning

confidence: 99%

The Authors Do Not Speak: A People’s Reading of the ASEAN Charter

Bagulaya

2019

AsianJLS

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“…In the common view, “[T]he Constitution was—is—a social compact,” or “social contract” (Henkin 1987, 265, 267; see also Graber 2013, 26; Mueller 2016). In the view of Keith Whittington, the Constitution is “an actual contract” and, in the view of Randy Barnett, should at the least be interpreted through “contract law theory” (quoted in Graber 2013, 26). Yet the more closely one looks, the less persuasive the contract metaphor becomes 2…”

Section: The Us Constitution Is Not a Social Contractmentioning

confidence: 99%

“…. defines the authority which the people commits to its government, and in doing so thereby limits it” (cited in Graber 2013, 24–5). It typically has very little to say about how to fashion virtuous citizen members.…”

Section: The Corporate Origins Of the Modern Written Constitutionmentioning

confidence: 99%

Is the U.S. Government a Corporation? The Corporate Origins of Modern Constitutionalism

Ciepley

2017

Am Polit Sci Rev

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T he U.S. Constitution is best understood not as a "social contract," but as a popularly issued corporate charter. The earliest American colonies were literal corporations of the Crown and, like all corporations, were ruled by limited governments established by their charters. From this, Americans derived their understanding of what a constitution is-the written charter of a sovereign that ordains and limits a government. The key Federalist innovation was to substitute the People for the King as the chartering sovereign. This effectively transferred the "governance technology" of the corporation to the civil government-including the practice of delegating authority via a written charter, charter amendment, and judicial review. Federalists used these corporate practices to frame a government that united seeming irreconcilables-a government energetic yet limited, republican yet mixed, popular yet antipopulist-yielding a corporate solution to the problem of arbitrary rule. Leading founders considered this new government a literal chartered corporation of the People.

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“…Critical moments also have normative import, as they mark times where particular points of constitutional consensus break down and alternative pathways present themselves. As Graber notes: “When the Constitution constitutes behavior, people do not experience … tension between the law and their other values, preferences or interests” (Graber 2013, 240). The emergence of these tensions may signal the breakdown of consensus and the presentation of a critical moment.…”

Section: How These Approaches Differ From Constitutional Historymentioning

confidence: 99%

“…This consideration shifts focus as well to how constitutional structure influences constitutional politics, and how changes in structure may open up some political possibilities and close down others. As Mark Graber notes, constitutions do far more than just establish the rules of the game and constrain the players: they constitute politics and identities, and influence interests, values, and preferences of those living under their shadows (Graber 2013).…”

Section: Introductionmentioning

confidence: 99%

Understanding Law as a Democratic Institution Through US Constitutional Development

Novkov¹

2015

Law soc. inq.

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It explains how law has been studied in political science, illustrating how political development became part of the story. It outlines how American political development approaches work when applied to law, noting how studying law transforms these approaches. It notes the insights produced through the blending of American political development and constitutional law, explaining how these insights provide more leverage for understanding the role of courts as democratic institutions. The essay closes by discussing the promising directions these approaches suggest, defending their value beyond political science.

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Introduction to American Constitutionalism

Cited by 4 publications

References 0 publications

The Authors Do Not Speak: A People’s Reading of the ASEAN Charter

The Authors Do Not Speak: A People’s Reading of the ASEAN Charter

Is the U.S. Government a Corporation? The Corporate Origins of Modern Constitutionalism

Understanding Law as a Democratic Institution Through US Constitutional Development

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