Of Charters and Compacts: Comments on Fallone

Abstract:     
In Charters, Compacts, and Tea Parties: The Decline and Resurrection of a Delegation View of the Constitution, Professor Edward A. Fallone argued that after decades in which the “compact” theory of the Constitution was ascendant, the “delegation” or “charter” theory of the Constitution seems poised to return. This short reply to Fallone’s article argues that he has misconceived the two theories, finding doctrinal differences between them that have no basis in their logic and that did not exist in their histories.

Keywords: constitution, constitutional law, charter theory, compact theory, constitutional theory

Accepted Paper Series