bobsheridan at earthlink.net
Tue Nov 8 10:07:29 PST 2005
Others made the point that current law school conlaw study overlooks
the question as to whether the constitution is working, which prompted
the query as to what criteria or standards might be applied to make a
case. Right now we use the challenge to constitutionality to protest
alleged violations. Just about any losing side can claim that the
Constitution is not working, and it isn't by their lights. See the
Constitution-in-Exile adherents. An obvious disconnect, perhaps, was the
slavery issue that led to war, but even that was disputed, hence the
war. The revolution is an earlier example of constitutional rupture.
Is that how you tell? When a war results?
Establishing criteria is apt to be more difficult than posing the
question in the first place as to whether it's "working."
I'm not sure how low voter turnout supports the view that the
Constitution is not working. Maybe the folks who don't vote are happy
to think that is working well enough so that they don't have to bother
casting a vote. I have to drag myself to the polls today in a special
Schwarzenegger election to see what I can vote against, come to think of
it, coincidentally. I'm not sure it's fair to blame my lethargy on the
I think that the original advocates of addressing the question of
whether the Constitution works are going to have to suggest some
guidance, otherwise the question may drift off into the mists of
academia, not that this could happen around here...
Malla Pollack wrote:
>Obviously a very difficult thing to prove or disprove for many reasons. I
>would say that the Constitution is not working very well. The most
>"objective" proof is the relatively low voter turnout on major elections.
>Professor, American Justice School of Law
>Visiting Univ. of Idaho, College of Law
>mpollack at uidaho.edu
>From: conlawprof-bounces at lists.ucla.edu
>[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Bob Sheridan
>Sent: Tuesday, November 08, 2005 7:46 AM
>To: ConLaw Prof
>Subject: Working right?
>On the subject of whether the Constitution was working or not, how
>could you tell?
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