Constitutional Equilibria

If we define the term "constitutional" to mean rules, procedures, or substantive laws fundamental to the republic by way of widespread political agreement or consensus, then what is considered constitutional by way of original text and formal amendment is not necessarily qualitatively superior to that which is considered constitutional merely by way of case law and institutional practices held in place by partisan balances of power. One analytical yardstick for assessing the legitimacy of latter constructs is whether the party or parties responsible for them have made sufficiently successful democratic overtures in the process of pursuing their policy agenda and in securing support for it. In Constitutional Equilibria, John J. Janssen tests this theory of examining the partisan policy agendas in place early in the history of the republic and examining how partisan realignments have shaped and re-shaped what has amounted to constitutional policy.

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