Abstract

http://ssrn.com/abstract=1789166
 
 

Footnotes (154)



 


 



The Next Constitutional Revolution


Richard Albert


Boston College - Law School

March 11, 2011

University of Detroit Mercy Law Review, Vol. 88, No. 4, p. 707, 2011

Abstract:     
In these brief reflections presented at the University of Detroit Mercy Law Review’s March 2011 Symposium on “Celebrating an Anniversary: A Twenty-Year Review of Justice Clarence Thomas’ Jurisprudence and Contributions as an Associate Justice on the United States Supreme Court,” I advance the view that the history of the United States is a series of constitutional revolutions that have defined and redefined the nation and its people. I illustrate how constitutional revolutions have shaped the United States using three different examples of revolution leadership: legislative, presidential, and judicial. My objective is to suggest that America may now find itself on the cusp of yet another constitutional revolution – a modern conservative constitutional revolution that could change much of what lies at the foundation of the United States Constitution.

The constitutional revolutionary leading this transformative movement is neither a president nor a legislator nor an amorphous aggregation of political interests. It is instead a single, and indeed singular, individual who currently sits on the Supreme Court of the United States: Clarence Thomas. His judgments have come to constitute the intellectual core of a persistent movement to return the United States to its founding confederate design. The battle pitting nation-centric federalism versus state-centric confederalism may be the next frontier in American constitutional law.

Number of Pages in PDF File: 29

Keywords: Constitutional Politics, Federalism, Confederalist Theory, State Sovereignty, State Supremacy, Franklin Delano Roosevelt, Abraham Lincoln, Federalists, Antifederalists, Clarence Thomas, Supreme Court

Accepted Paper Series


Download This Paper

Date posted: March 23, 2011 ; Last revised: March 6, 2012

Suggested Citation

Albert, Richard, The Next Constitutional Revolution (March 11, 2011). University of Detroit Mercy Law Review, Vol. 88, No. 4, p. 707, 2011. Available at SSRN: http://ssrn.com/abstract=1789166

Contact Information

Richard Albert (Contact Author)
Boston College - Law School ( email )
885 Centre Street
Boston, MA 02459-1163
United States
617.552.3930 (Phone)
HOME PAGE: http://richardalbert.com

Feedback to SSRN


Paper statistics
Abstract Views: 1,687
Downloads: 390
Download Rank: 41,780
Footnotes:  154

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.250 seconds