Mariah Zeisberg This paper considers the significance of the American contributed greatly to the development of the idea of the conConstitution's distinctive structuring of the branches for our stitution's supremacy, yet his notion of constitutionalism was understanding of constitutional purposes generally, and for oriented, not around constraint, but around the supremacy of executive prerogative as regards war powers, more specifically. I constitutional purposes.4 argue that constitutional theories which emphasize constraint as a An understanding of constitutional fidelity like Marshall's, primary conceptual category are inadequate, and I instead argue one which emphasizes purposes over constraint, is more consonant with the framers' understanding. The framers were almost that constitutional fidelity starts with the effective pursuit of proper government purposes. From an examination of obsessed with "energetic" government, government with the capacity to pursue the ends that are properly those of governthe political conditions supporting the operation of the three ment.5 They understood, as we understand today, that political branches, I suggest that the Constitution's purposes include the freedom requires more than limited establishment of a system of intergovernment. In fact, sometimes branch deliberation as a means, and the From an examination of the political government will have to act strongly
The Good Society – Penn State University Press
Published: Nov 4, 2004
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