Mr. President, Tear Down This Fence

David J. Hebert () and Nicholas M. Arnold ()
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David J. Hebert: Aquinas College
Nicholas M. Arnold: Aquinas College (student)

A chapter in Realism, Ideology, and the Convulsions of Democracy, 2023, pp 113-127 from Springer

Abstract: Abstract This chapter identifies two broad strands of constitutional theorizing based on reason and sentiment. The first views constitutional rules as the reasoned distillation of received wisdom from the past. The sentimental strand, by contrast, views constitutions as roadblocks to political action that must be surmounted. Neither branch precludes any post-constitutional rule’s adoption, but the characteristics of both the process and the discussion surrounding constitutionally-contested post-constitutional rules changes depending on which strand is given primacy. These branches are not necessarily antagonistic, though they might be and this chapter explores some of those antagonisms. Finally, this chapter also provides discussion surrounding the primacy of sentiment over reason in policy discussions.

Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:spr:stpchp:978-3-031-39458-4_7

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DOI: 10.1007/978-3-031-39458-4_7

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