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Constitutions as constraints: A case study of three american constitutions

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  • Randall Holcombe

Abstract

The Original Constitution of the United States, the Articles of Confederation, was approved in 1781, but within a few years the Articles were replaced by the Constitution of the United States. Approximately seven decades late, the Confederate States of America wrote a constitution using the U.S. Constitution as a model. The three documents are used as a case study on constitutional rules as constraints on government. When compared to the Articles, the effect of adopting the Constitution was to relax constraints on the federal government. The Confederate Constitution added constraints to the U.S. Constitution, while retaining the same basic framework. Copyright George Mason University 1991

Suggested Citation

  • Randall Holcombe, 1991. "Constitutions as constraints: A case study of three american constitutions," Constitutional Political Economy, Springer, vol. 2(3), pages 303-328, September.
  • Handle: RePEc:kap:copoec:v:2:y:1991:i:3:p:303-328
    DOI: 10.1007/BF02393134
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    References listed on IDEAS

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    1. Brennan,Geoffrey & Buchanan,James M., 2006. "The Power to Tax," Cambridge Books, Cambridge University Press, number 9780521027922, April.
    2. Charles M. Tiebout, 1956. "A Pure Theory of Local Expenditures," Journal of Political Economy, University of Chicago Press, vol. 64, pages 416-416.
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    Cited by:

    1. Ludwig Van den Hauwe, 2005. "Constitutional Economics II," Chapters,in: The Elgar Companion to Law and Economics, Second Edition, chapter 13 Edward Elgar Publishing.
    2. George Crowley, 2012. "Spatial dependence in constitutional constraints: the case of US states," Constitutional Political Economy, Springer, vol. 23(2), pages 134-165, June.
    3. Ludwig van den Hauwe, 2005. "Constitutional economics," Public Economics 0508010, EconWPA, revised 22 Dec 2005.
    4. JEAN-MICHEL Josselin & ALAIN Marciano, 1997. "The Paradox of Leviathan: How to Develop and Contain the Future European State?," European Journal of Law and Economics, Springer, vol. 4(1), pages 5-22, January.
    5. Jean-Michel Josselin & Alain Marciano, 2007. "How the court made a federation of the EU," The Review of International Organizations, Springer, vol. 2(1), pages 59-75, March.
    6. Pietro Navarra & Giuseppe Sobbrio, 2001. "Election Re-Running and the Nature of Constitutional Choices: The Case of Italian Electoral Reform," Constitutional Political Economy, Springer, vol. 12(1), pages 31-50, March.
    7. Randall G. Holcombe, 2015. "Unanimous consent and constitutional economics," Chapters,in: Handbook of Social Choice and Voting, chapter 3, pages 35-53 Edward Elgar Publishing.
    8. Russell Sobel & George Crowley, 2014. "Do intergovernmental grants create ratchets in state and local taxes?," Public Choice, Springer, vol. 158(1), pages 167-187, January.
    9. Buch, Claudia M. & Hiemenz, Ulrich & Koop, Michael J. & Laaser, Claus-Friedrich & Lücke, Matthias & Schrader, Klaus & Flassbeck, Heiner & Schrooten, Mechthild & Svindland, Eirik & Weißenburger, Ulrich, 1993. "Die wirtschaftliche Lage Rußlands: Systemtransformation auf dem Rückzug? Zweiter Bericht," Kiel Discussion Papers 208/209, Kiel Institute for the World Economy (IfW).

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