Constitutional Change in the United States
HOW CONSTITUTIONS CHANGE, Dawn Oliver and Carlo Fusaro, eds., Hart Publishing, 2011
37 Pages Posted: 20 Jul 2011
Date Written: July 18, 2011
Abstract
This essay, originally written for non-US lawyers, is the slightly revised version of a chapter on the United States for a volume on constitutional change in different countries that will be put out by Hart Publishing. Because it first introduces the basics of the U.S. constitutional system and the problem of constitutional change, it may be especially useful for students. The essay then builds an argument for paying attention to both constitutional change through judicial doctrine and outside the judiciary. It illustrates change outside the judiciary by focusing in the final section on presidential power in foreign affairs,using examples drawn from the Bush II administration.
Keywords: constitutional change, constitutional order, judicial review, presidential power, foreign affairs, 9/11
Suggested Citation: Suggested Citation