For too long, the American constitutional tradition has been
defined solely by the U.S. Constitution drafted in 1787. Yet
constitutional debates at the state level open a window on how
Americans, in different places and at different times, have chosen
to govern themselves. From New Hampshire in 1776 to Louisiana in
1992, state constitutional conventions have served not only as
instruments of democracy but also as forums for revising federal
principles and institutions.
In "The American State Constitutional Tradition," John Dinan
shows that state constitutions are much more than mere echoes of
the federal document. The first comprehensive study of all 114
state constitutional conventions for which there are recorded
debates, his book shows that state constitutional debates in many
ways better reflect the accumulated wisdom of American
constitution-makers than do the more traditional studies of the
federal constitution.
Wielding extraordinary command over a mass of historical detail,
Dinan clarifies the alternatives considered by state constitution
makers and the reasons for the adoption or rejection of various
governing principles and institutions. Among other things, he shows
that the states are nearly universal in their rejection of the
rigid federal model of the constitutional amendment process,
favoring more flexible procedures for constitutional change; they
often grant citizens greater direct participation in law-making;
they have debated and at times rejected the value of bicameralism;
and they have altered the veto powers of both the executive and
judicial branches.
Dinan also shows that, while the Founders favored a minimalist
design and focused exclusively on protecting individuals from
government action, state constitution makers have often adopted
more detailed constitutions, sometimes specifying positive rights
that depend on government action for their enforcement. Moreover,
unlike the federal constitution, state constitutions often contain
provisions dedicated to the formation of citizen character, ranging
from compulsory schooling to the regulation of gambling or
liquor.
By integrating state constitution making with the federal
constitutional tradition, this path-breaking work widens and
deepens our understanding of the principles by which we've chosen
to govern ourselves.
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