Our Constitutional Commons

71 Pages Posted: 5 Dec 2014 Last revised: 12 Dec 2015

See all articles by Brigham Daniels

Brigham Daniels

University of Utah College of Law

Blake Hudson

Cumberland School of Law

Date Written: December 3, 2014

Abstract

While much has been written about the U.S. Constitution, very little, if anything at all, has been said about the ways in which the Constitution shares attributes with the commons. This article examines the Constitution and the efforts to influence the shape and scope of its application through the lenses developed by scholars for assessing both common good and public good resources. Focusing on these interrelated lenses provides a unique perspective on both the U.S. Constitution and those attempting to influence its text and its interpretation. The synergy and interaction between the common good and public good dimensions of the Constitution not only provide a more holistic understanding of its institutional design and mode of operation, but also provide new insights into the potential damage future constitutional conflicts may cause to the stability and strength of the U.S. Constitution and how that damage may be avoided.

Keywords: Constitution, Commons, Public Good, Resources

Suggested Citation

Daniels, Brigham and Hudson, Blake, Our Constitutional Commons (December 3, 2014). 49 Georgia Law Review 995 (2015), Available at SSRN: https://ssrn.com/abstract=2533530

Brigham Daniels

University of Utah College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Blake Hudson (Contact Author)

Cumberland School of Law ( email )

800 Lakeshore Dr.
Birmingham, AL 35229
United States

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