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Recognizing and Respecting Constitutional Structure


Michael S. Greve

Sun, 07/08/2007

An article from last October's "Keeping Faith with the Constitution in Changing Times" symposium, co-sponsored by Constitutional Interpretation and Change Issue Group and Vanderbilt University Law School. The symposium was held at Vanderbilt University Law School in October 2006.

 

In Recognizing and Respecting Constitutional Structure, Michael S. Greve, John G. Searle scholar at the American Enterprise Institute, contends, “Our real constitutional problem . . . is not democracy. It is stability, or the lack thereof.” Greve continues, “Political competition and churning is the recipe for constitutional stability. The judicial task, I believe, it to protect that general institutional framework. As I have argued elsewhere, the principle of the New Deal Constitution was ‘cartels at every level.’ I would turn that paradigm upside down and have the Court act as a political antitrust agency of sorts.”

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Michael S. Greve Vanderbilt Paper 7-2007.pdf202.39 KB