Fallacies of American Constitutionalism

Christian G. Fritz

University of New Mexico School of Law

Rutgers Law Journal, Vol. 35, p. 1327, 2004

Fallacies of American Constitutionalism examines the pervasive assumptions in the scholarship of historians, lawyers, and political scientists that impute the central role of the federal Constitution to how Americans understood written constitutions after their Revolution. American struggles to come to grips with the meaning of the sovereignty of the people before and after 1787 reveals very different views about the people as the sovereign from those reflected in the federal Constitution and dispel the notion that our prevailing constitutional view is an unbroken chain stretching back to 1787.

Number of Pages in PDF File: 44

Keywords: American Constitutionalism, Written Constitutions, Popular Sovereignty, Historiography, Constitutional Tradition, Sovereignty of the People, Federal Constitution, Constitutional Revision, People's Sovereignty, Federal Constitutional Convention

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Date posted: April 16, 2008  

Suggested Citation

Fritz, Christian G., Fallacies of American Constitutionalism. Rutgers Law Journal, Vol. 35, p. 1327, 2004. Available at SSRN: http://ssrn.com/abstract=1120386

Contact Information

Christian G. Fritz (Contact Author)
University of New Mexico School of Law ( email )
1117 Stanford, N.E.
MSC11 6070
Albuquerque, NM 87131
United States

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