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The Constitution's Accommodation Of Social Change, Philip A. Hamburger Nov 1989

The Constitution's Accommodation Of Social Change, Philip A. Hamburger

Michigan Law Review

Did the framers and ratifiers of the United States Constitution think that changes in American society would require changes in the text or interpretation of the Constitution? If those who created the Constitution understood or even anticipated the possibility of major social alterations, how did they expect constitutional law - text and interpretation - to accommodate such developments?

The effect of social change upon constitutional law was an issue the framers and ratifiers frequently discussed. For example, when AntiFederalists complained of the Constitution's failure to protect the jury trial in civil cases, Federalists responded that a change of circumstances might, …


From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf Jan 1989

From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf

American Indian Law Review

No abstract provided.