Friday, September 07, 2012
The Presidential Selection Process
Gerard N. Magliocca
The process of nominating and selecting a president is one of the best examples of our unwritten Constitution--a set of customs that are not defined by the text or by case law. For example:
I suppose my only objection to this, would be the term, "unwritten Constitution"; Unwritten constitutions are for nations without written constitutions. This is just tradition, and as you note, recent tradition at that. It only stands until it falls, with no formal process for knowing which it has done until after the fact.
It has none of the characteristics which make a constitution a constitution.
Brett, your argument is pretty much that unwritten constitutions can't exist. Maybe that's true; it's at least arguable. But if they can exist, then well-established traditions are precisely what make them.
The fact we have an "unwritten Constitution" doesn't mean we just have one. Mark Field is write as to the various meanings of the term "constitution." The reference to "recent" is interesting -- how long does it take? On this issue, it does seem the practices have some expected presence. They are "givens." The word has bite.
Anyone wishing to opine on this subject should read Akhil Reed Amar's new book The Unwritten Constitution (Basic Books).
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The book looks a tad long but interesting. Gerard N. Magliocca is discussing in at Concurring Opinions Blog.
The fact we have an "unwritten Constitution" doesn't mean we just have one. Mark Field is write as to the various meanings of the term "constitution." The reference to "recent" is interesting -Windows 7 professional product Key
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