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Full-Text Articles in Law
Does Institutional Design Make A Difference?, Steven G. Calabresi
Does Institutional Design Make A Difference?, Steven G. Calabresi
Northwestern University Law Review
This Essay argues that there are two unappreciated aspects of U.S. constitutional design that have contributed to our country’s success. The first is the fact that the United States is divided into fifty rather than four states. This greatly strengthens the national government and renders secession almost impossible. The second is the formidable set of checks and balances set up on presidential power that makes it impossible for U.S. presidents to become dictators. The fact that thirty-nine of the fifty state governors are elected in off-year or midterm elections, elections in which the incumbent president’s party almost always loses ground …
Creating A Self-Stabilizing Constitution: The Role Of The Takings Clause, Tonja Jacobi, Sonia Mittal, Barry R. Weingast
Creating A Self-Stabilizing Constitution: The Role Of The Takings Clause, Tonja Jacobi, Sonia Mittal, Barry R. Weingast
Northwestern University Law Review
The U.S. Constitution has survived for over two centuries, despite the Civil War and numerous other crises. In contrast, most national constitutions last less than two decades. Why has the Constitution sustained a largely stable democratic system while so many others have failed? A self-stabilizing constitution creates incentives for all relevant actors to abide by the rules. Drawing on earlier work, we argue that, to be self- stabilizing, a constitution must (1) lower stakes in politics for both ordinary citizens and powerful elite groups; (2) create focal points that facilitate citizen coordination against transgressions by government officials; and (3) enable …