Constitutional Politics/Constitutional Law

Конституционная политика/Конституционное право
Bruce Ackerman
1989-12-01

American Constitutionconstitutional lawconstitutional politicsconstitutional thoughtnational identity
America is a world power, but does it have the strength to understand itself? Is it content, even now, to remain an intellectual colony, borrowing European categories to decode the meaning of its national identity?\nThis was not always a question posed by the American Constitution. When America was a military and economic weakling on the European fringe, it was at the forefront of constitutional thought. As it transformed itself into the powerhouse of the West, its leading constitutionalists became increasingly derivative. Two centuries onward, the study of the American Constitution is dominated by categories that owe more to European than to American thought and experience.
1
As the United States became a dominant Western power, its leading constitutionalists increasingly adopted derivative rather than distinctly American categories.
2
Contemporary study of the American Constitution is characterized as relying predominantly on European intellectual frameworks to interpret American national identity.
3
The abstract argues that American constitutional thought was initially innovative when the United States was militarily and economically weak.
4
The paper frames this reliance as evidence that the United States remains an intellectual colony despite its global political and economic power.

American constitutional thought and the American Constitution

The dependence of American constitutional interpretation on European intellectual categories and the historical transformation of American constitutionalism

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1989-12-01
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Bruce Ackerman
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