Peopling the Constitution by John E. Finn

Author:John E. Finn [Finn, John E.]
Language: eng
Format: epub
Tags: Constitutional, History & Theory, Constitutions, National, Political Science, American Government, Law
ISBN: 9780700619627
Google: XpfRngEACAAJ
Goodreads: 18967745
Publisher: University Press of Kansas
Published: 2014-01-15T12:03:57+00:00

THE CHRONOLOGY OF FAILURE

Because all constitutions are a project of We the People past, present, and future, constitutional failure, like the constitutional enterprise writ large, has a chronology. The Civic Constitution might fail at the moment of conception, by neglecting to establish the institutional and structural architecture necessary for its realization.24 Additionally, the Civic Constitution might fail through inadequate constitutional maintenance, or by neglecting to re-create the architecture and the citizens necessary to sustain itself at every subsequent moment in the constitutional enterprise.25 Establishing the temporal location of potential failure in a founding moment and in maintenance again reveals the artificial linearity of the founding/maintenance/failure heuristic; the categories, though chronologically sequential, are not insular. And because they are not, the categories of founding failures and maintenance failures are equally porous.

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