Of Charters and Compacts: Comments on Fallone

Wake Forest Law Review Online, Vol. 1, 2011

U of St. Thomas Legal Studies Research Paper No. 11-14

Posted: 23 Apr 2011  

Robert J. Delahunty

University of St. Thomas School of Law (Minnesota)

Date Written: 2011

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

Suggested Citation

Delahunty, Robert J., Of Charters and Compacts: Comments on Fallone (2011). Wake Forest Law Review Online, Vol. 1, 2011; U of St. Thomas Legal Studies Research Paper No. 11-14. Available at SSRN: https://ssrn.com/abstract=1816863

Robert J. Delahunty (Contact Author)

University of St. Thomas School of Law (Minnesota) ( email )

MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States

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