Why constitutions fail




















Machiavelli in accordance with Aristotle saw the benefits of a constitution built with the goal to protect the interest of the citizens. Machiavelli argues that although men are prone to corruption, which can lead to the collapse of a constitution, given virtuous guidance, appropriate laws and strong emphasis on civil liberty, a republican constitution can best protect a fair, structured and just government.

It seems that despite the fact they are often unavoidably unstable at times of civil unrest, they are equally valuable in maintaining continuity and structuring society, and are a means by which humans are able to flourish. The longevity of constitutionalism and the fact they are still in practice centuries later therefore implies that though susceptible to corruption by man, overall they are the most reliant, inevitable and organic way by which society organises itself and this seems unlikely to change.

XLII pg. Before you download your free e-book, please consider donating to support open access publishing. E-IR is an independent non-profit publisher run by an all volunteer team. Your donations allow us to invest in new open access titles and pay our bandwidth bills to ensure we keep our existing titles free to view.

Any amount, in any currency, is appreciated. In doing so, he also reveals that the best defenders of the Constitution are those who are willing to take its shortcomings seriously.

At once concise and thorough in its analysis of the concept of constitutional failure and its accounts of a healthy politics, the corrosive impact of Madisonian checks and balances as a substitute for trust-worthy leadership , and the outlook for meaningful reform, this book offers a carefully reasoned and provocative assessment of the viability of constitutional governance in the United States.

Sotirios A. Barber is professor of political science at the University of Notre Dame. Toggle navigation Books. Constitutional Failure Sotirios Barber Americans err in thinking that while their politics may be ailing, their Constitution is fine. It had to rely on a state militia sponsored by private Boston business people.

With no money, the central government couldn't act to protect the "perpetual union. These events alarmed Founders like George Washington, James Madison and Alexander Hamilton to the point where delegates from five states met at Annapolis, Maryland in September to discuss changing the Articles of Confederation. The group included Madison, Hamilton and John Dickinson, and it recommended that a meeting of all 13 states be held the following May in Philadelphia.

The Confederation Congress agreed and the Constitutional Convention of effectively ended the era of the Articles of Confederation. Toggle navigation.

Sign up for our email newsletter. A government too weak to carry out its responsibilities like the government under the failed Articles of Confederation is a failed government.

A government with a president who rejects the notion of limits on his or her power is also a failed government. At the moment, we are experiencing both kinds of failures. One example of the first kind of failure--a government incapable of performing its duties--is the response to the pandemic. Vaccines are, thankfully though somewhat haphazardly being rolled out--but in the meantime, we collectively accept record-setting death tolls unmatched in other countries.

No one could magically make the virus disappear, but President Trump has decided he will not even try. When it comes to the pandemic, we are effectively operating with the functional equivalent of no president. As Maryland Gov.



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