War on Terrorism and Domestic Politics
mschor at suffolk.edu
Sat Jan 21 09:01:15 PST 2006
Constitutional moments rest on a tectonic political shift so that
constitutional changes (such as the growth in the administrative state
which occurred in the wake of constitutional revolution of 1937) become
accepted by a supermajority. Complying with the spirit, if not the
letter, of Article V is important if proposed changes are to endure
beyond the coalition of forces seeking constitutional change.
Extra-constitutional change, after all, can be as readily undone as
done. It is not clear the constitutional changes--the augmented powers
of the presidency and the weakening of civil liberties--sought by
President Bush and Karl Rove currently command that level of support
among the citizenry. The war on terror might, however, lead the
citizenry to accept a permanent change in the power of the presidency.
Certainly claims of national security played an important role in
strengthening the role of presidents and the national security apparatus
throughout Latin America during the Cold War (particularly in Argentina,
Brazil, Chile, and Uruguay) and served to justify massive human rights
violations. It would be ironic if the problem of constitutional
dictatorship which the US so vigorously exported south of the border
during the long struggle against Communism should become firmly
entrenched north of the border as a result of the ideological struggle
with Muslim extremism.
Miguel Schor, Associate Professor of Law, Suffolk University Law School,
Ronald Nelson wrote:
>Sanford Levinson writes:
>If Rove is successful, will this count as the "ratifying election" in the Ackermanian system that will signify the completion of a successful "constitutional moment" that will have fundamentally transformed our constitutional system?
>Indeed, will there be (has there been) such a swing of the pendulum as to let us truly appreciate the plight of the Four Horsemen as the world changed after 1936?
>Ronald L. Nelson, J.D., Ph.D.
>Assistant Professor and Pre-Law Advisor
>Department of Political Science &
>University of South Alabama
>Mobile, Alabama 36688-0002
>251 460 6725 rnelson at usouthal.edu
>To post, send message to Conlawprof at lists.ucla.edu
>To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
More information about the Conlawprof