Description: Closer examination of foundational, revolutionary documents, and of the colonial legislation enacted on the basis of those foundational documents, reveals an American tradition of constitutionalism that the Revolutionaries were able to draw upon when fashioning their constitut...
Review Quotes: Attorney Brown argues that the American constitutional tradition derived from the legacy of Colonial charters, Colonial covenants, and Revolutionary-era state constitutions, all of which contributed to a body of constitutional law distinct from its British counterpart. The British constitution drew from a wide range of written and unwritten law that changed and evolved over time at the will of the legislature. In contrast, the American written constitution of 1787 established primacy over any legislative act and stands above the work of the executive, legislative, and judicial branches of government. However, the Founders did not build their new constitution out of nothing. In crafting Colonial charters and state constitutions, Americans had already diverged from the British tradition of an uncodified constitution. In doing so, they adopted a more circumscribed form of constitutional government that limited authority by enumerating specific powers.... Summing Up: Recommended. Professionals.