Iraqi and American democracy

RJLipkin at RJLipkin at
Mon Jun 13 13:54:53 PDT 2005

I want to second the  sentiment in Hank's post. The actual 
practice--including the particular actors  in a constitutional democracy, especially when those 
actors are in power--bears  on just what type of constitutional democracy we 
have. Discussing how the  current administration wields power is germane to 
constitutional questions like  the ones Eugene raises. I stress "like" because 
some questions (in their  form) are less likely to contribute to reasoned 
constitutional analysis  than others.  Perhaps questions that begin "our 
constitution is in trouble  because . . . " are less likely to be useful.  But that 
doesn't mean  questions about how George Bush, Tom Delay, and so forth carry out 
their duties  are not fundamentally important to constitutional analysis, 
especially  for those of us interested in the question of what sort of 
constitutional  democracy we have both in theory and in practice.
Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
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