origins of popular constitutionalism

[Mark Graber]

I would agree with Bobby Lipkin here, only to add that the increased
emphasis on departmentalism in the late 1980s and 1990s are clear
precursors to popular constitutionalism.  I should also have added, on
the one hand, the writings of Reva Siegel and Bob Post, and also noted,
as another precursor, the strain of populist constitutionalism in works
by Richard Parker, Akhil Amar, Sandy Levinson and Jack Balkin in the
late 1990s (for a critique and response. see the Richmond Law Review
symposium on TAKING THE CONSTITUTION AWAY FROM the COURTS).

MAG

>>> <RJLipkin at aol.com> 11/29/06 7:48 AM >>>
Although I'm not  familiar with all the titles and authors Mark Graber
lists, 
I think there is a  distinction between departmentalism and popular 
constitutionalism, and, of  course, there is a distinction between both
and legislative 
 supremacy.

Bobby

Robert Justin Lipkin
Professor of  Law
Widener University School of Law
Delaware

Ratio Juris,  Contributor: _  http://ratiojuris.blogspot.com/_ 
(http://ratiojuris.blogspot.com/) 
Essentially Contested  America
, Editor:   _http://www.essentiallycontestedamerica.org/_ 
(http://www.essentiallycontestedamerica.org/)