Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Charters, Compacts And Tea Parties: The Decline And Resurrection Of A Delegation View Of The Constitution, Edward A. Fallone
Charters, Compacts And Tea Parties: The Decline And Resurrection Of A Delegation View Of The Constitution, Edward A. Fallone
Edward A Fallone
This article seeks to address a gap in constitutional law scholarship: the absence of a systematic examination of the manner in which the contractual nature of the Constitution illuminates the original understanding of the text. By closely examining the historical evidence, I argue that the interpretation of the Constitution has been influenced by dueling conceptions of contractual origin. One view treats the Constitution as a charter that delegates limited and defined authority to the federal government. The second view treats the Constitution as a compact the terms of which reflect a bargain between the federal government and a discrete body …