The New Constitutional Order

In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened.Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems.Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order.This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.

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Title of ebook: The New Constitutional Order
ISBN: 9781400825554
parent-ISBN: 9780691120553
Publisher: Princeton University Press
Internet download file size: 1256 kb
Pages: 288
Published: 09-2008
Released online for download: 09-02-2008
Author of eBook: Tushnet, Mark

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The New Constitutional Order

Introduction

THE IDEA OF A CONSTITUTIONAL ORDER

President Bill Clinton announced in his 1996 State of the Union Address that "[t]he age of big government is over." Many Republicans thought that the president was cynically appropriating Republican themes to preserve his presidency after the apparent public repudiation of Clinton's approach to government in the 1994 elections, when Republicans attained a majority in both the House of Representatives and the Senate for the first time since 1954. Many traditional Democrats thought that the president was betraying the Democratic Party's principles as they had been developed in Franklin Roosevelt's New Deal agenda and Lyndon Johnson's Great Society programs.

We ought to take President Clinton's observation quite seriously. His statement demonstrated his understanding that what I call a new constitutional order had been consolidated. By constitutional order (or regime), I mean a reasonably stable set of institutions through which a nation's fundamental decisions are made over a sustained period, and ... read full excerpt from The New Constitutional Order ebook

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