Constitutionalism

Constitutionalism is the idea, often associated with the political theories of John Locke and the "founders" of the American republic, and equated with the concept of regula iuris, the "Rule of Law", that government can and should be legally limited in its powers, and that its authority depends on enforcing these limitations. The following links and documents explore this concept in more detail.

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•   Constitutionalism: Ancient and Modern, Charles Howard McIlwain (1947) — Discourse on the origins and development of constitution theory.
•  The Origins of Modern Constitutionalism, Francis D. Wormuth (1949) — Historical analysis of the key constitutional concepts.
•  A living constitution or fundamental law?, Herman Belz (1998) — American constitutionalism in historical perspective.
•   Francis Bacon's Case of the Post-Nati: (1608), by Harvey Wheeler, 1998 — Foundations of Anglo-American Constitutionalism; An Application of Critical Constitutional Theory.
•  Constitutionalism — Entry in the online Stanford Encyclopedia of Philosophy.
•  What is Constitutionalism?, by Bo LI — Article in Perspectives, Vol. 1, No. 6.
•  Constitutional States — Sourcebook links at Fordham University.
•  Teaching about Democratic Constitutionalism — Educational Resources Information Center (ERIC).
•  Constitutionalism and Responsible Citizenship, by Wayne LaPierre, Sep. 17, 1999 — Speech before the Claremont Institute.
•  The Center for Constitutional Studies — Promotes research, teaching, and publication on the history and theory of constitutionalism, with special emphasis on the Constitution of the United States of America.
•  Center for Comparative Constitutionalism — Studies the definition and implementation of constitutional rights, focusing both on legal and judicial interpretation and on the wide range of ways in which societies attempt to secure constitutional rights to their citizens.
•  The Spirit of American Constitutionalism: John Dickinson's Fabius Letters, by Gregory S. Ahern — From Humanitas, Volume XI, No. 2, 1998 © National Humanities Institute, Washington, DC USA.
•  Federalism and Constitutionalism: Europe's Sonderweg, by J.H.H. Weiler — Working Paper to be published as Kalypso Nicolaidis and Robert Howse (eds.), The Federal Vision: Legitimacy and Levels of Governance in the US and the EU, Oxford: Oxford University Press, 2001.
•  Constitutionalism in the "Integrated" States of Europe, by Francisco Rubio Llorente — Critical view of European "integration".
•  Centre for the Study of Modern Constitutionalism — UK research forum, in a country that lacks a written constitution.
•  Deconstructing Constitutionalism: The Case of Central Asia and Uzbekistan, by Rebecca M. Bichel — Critical analysis of the attempt to apply the model of the U.S. Constitution to a country lacking a constitutionalist tradition.
•  School Choice and American Constitutionalism, by Joseph P. Viteritti — Examines constitutional issues involved in school choice.
•  "Constitutionalism": The White Man's Ghost Dance, by Robert C. Black — View that constitutionalism promises what it can't deliver, but offers no alternative. Published in Liberty magazine.
•  Constitutionalism: America & Beyond, by Greg Russell — View from the U.S. State Department, U.S. Information Agency.
•   Anti-Government vs. Constitutionalism — Comment by Claremont Institute on article by Paul Weyrich.
•  Democracy and Constitutionalism in the European Union — Three leading EU scholars debate whether, and if so, by what standards, the European Union has democratic legitimacy.
•  Constitutionalism and American Culture, edited by Sandra F. VanBurkleo, Kermit L. Hall, and Robert J. Kaczorowski — Blurb for book published by the University Press of Kansas, March, 2002.
•  George Washington and American Constitutionalism, by Glenn A. Phelps — Blurb for book published by the University Press of Kansas, argues that Washington's political thought did influence the principles informing the federal government.
•  Documents of American Constitutionalism and Legal History, edited by Melvin I. Urofsky & Paul Finkelman — Blurb for book published by the Oxford University Press.
•  The Power of Separation: American Constitutionalism and the Myth of the Legislative Veto, by Jessica Korn — Blurb for book published by the Princeton University Press.
  •  Review by Todd F. Gaziano.
•  Controlling the State: Constitutionalism from Ancient Athens to Today, by Scott Gordon — Review for book published by Harvard University Press, 1999.
•  American Constitutionalism: From Theory to Politics, by Stephen M. Griffin — Blurb for book published by Princeton University Press, 1998.
•  The Moral Tradition of American Constitutionalism: A Theological Interpretation, by H. Jefferson Powell — Review of book published by Duke University Press, by Kenneth R. Craycraft, Jr.
•  Covenant and Constitutionalism: The Great Frontier and the Matrix of Federal Democracy, by Daniel J. Elazar — The Covenant Tradition in Politics, Volume 3, Introduction.
•  Toward a Civil Constitutionalism, by Daniel J. Elazar — The Covenant Tradition in Politics, Volume 4, Chapter 1.
•  Sectional Crisis and Southern Constitutionalism, by Don E. Fehrenbacher — Blurb for book published by Louisiana State University Press. Outlines the South’s determination to maintain political power and equality against the northern majority and explains how this determination energized southern nationalism, leading to disunion and, ultimately, to the Civil War.
•  Federalism, Subnational Constitutionalism, and the Protection of Minority Rights in the United States — Discussion of how minority rights can be protected in constitutional framework.
•  The Supreme Court and American Constitutionalism, edited by Bradford P. Wilson and Ken Masugi — Blurb for book published by Rowman & Littlefield, 1997.
•  Constitutionalism: Philosophical Foundations, edited by Lawrence Alexander — Blurb for book published by Cambridge University Press, 1998.
• American civil religion — Wikipedia article.
•  The Chains of the Constitution: Historical Foundations of American Constitutionalism, Chapter 1, The Lessons of History.
•  The Miller Center Bicentennial Series on Constitutionalism, edited by Kenneth W. Thompson — Catalog for series of books.