Author Description

In This Book, The Author Examines Constitutional Specificity - Or Length - As A Way To Evaluate How Different Polities Govern Citizens And Regulate Themselves. As The Author Shows, Many States And Nations Bloat Their Constitutions With Procedural And Policy Details That Other Polities Leave To Statutory Or Regulatory Discretion. American State Constitutions Vary In Length From Under 9,000 To Almost 400,000 Words. Constitutional Endurance Has Often Provoked Fears That The Dead Hand Of The Past May Reach Into The Present; Lengthy Constitutions Strengthen The Dead Hand's Grip, Binding States To A Former Generation's Solutions To Modern Problems. The Author Argues That Excessive Constitutional Specificity Restricts State Discretion, With Three Major Results. First, It Compels States To Rely More Frequently On Burdensome Amendment Procedures, Increasing Constitutional Amendment Rates. Second, It Increases Judicial Invalidation Rates As State Supreme Courts Enforce Narrower Limits On State Action. Third And Most Importantly, It Results In Severely Reduced Economic Performance, With Lower Incomes, Higher Unemployment, Greater Inequality, And Reduced Policy Innovativeness Generally. In Short, Long Constitutions Hurt States. -- Introducing Constitutional Specificity -- Contextualizing Specificity -- Specificity And Amendments -- Specificity And Judicial Review -- Specificity And Prosperity -- Evaluating State Constitutions. Adam R. Brown. Includes Bibliographical References (pages [165]-179) And Index.