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Was James Madison Wrong? Rethinking the American Preference for Short, Framework-Oriented Constitutions

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  • Hammons, Christopher W.

Abstract

American constitutional thought has long held that short, framework-oriented constitutions last longer than lengthy, statute-oriented constitutions. The longevity of the U.S. Constitution contributes heavily to this assumption. Not surprisingly, political scientists criticize state constitutions for their greater length and tendency to address issues better dealt with through ordinary statute law. These “defects” are frequently cited as responsible for the shorter lifespan of state constitutions. An examination of the 145 constitutions used by the American states since 1776, however, reveals a relationship among content, length, and durability that refutes the assumption that the design of the national constitution is necessarily superior. To the contrary, the analysis here reveals that longer and more detailed design of state constitutions actually enhances rather than reduces their longevity.

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  • Hammons, Christopher W., 1999. "Was James Madison Wrong? Rethinking the American Preference for Short, Framework-Oriented Constitutions," American Political Science Review, Cambridge University Press, vol. 93(4), pages 837-849, December.
    • Handle: RePEc:cup:apsrev:v:93:y:1999:i:04:p:837-849_21
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    Cited by:

    1. Andrew Roberts, 2009. "The politics of constitutional amendment in postcommunist Europe," Constitutional Political Economy, Springer, vol. 20(2), pages 99-117, June.
    2. Paul Schure & Francesco Passerelli & David Scoones, 2007. "When the Powerful Drag Their Feet," Department Discussion Papers 0703, Department of Economics, University of Victoria.
    3. Justin Callais & Andrew T. Young, 2021. "Does constitutional entrenchment matter for economic freedom?," Contemporary Economic Policy, Western Economic Association International, vol. 39(4), pages 808-830, October.
    4. David Ahnen & Peter T, Calcagno, 2019. "Constitutions and Social Trust: An Analysis of the US States," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 34(Fall 2019), pages 11-33.

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