Small “c” Constitution and Big “C” Constitution. A constitution by any other capitalization would smell as sweet?

October 3, 2009 — Josh Blackman

Repost from liveblog of Panel 4.

According to Professor Law, the Constitution in 2020 needs to focus on the small “c” constitution rather than the big “C” Constitution.

Small c constitution is law around economic and social law organizes. This law becomes difficult to uproot. Examples are APA and Civil Rights. Also EU treaty, NAFTA. These act becomes difficult to uproot. They are heavily entrenched by defending constituencies over time. These landmark statutes collapses the practical distinction between small c and large C constituitonal law.

This is similar to Ackerman’s landmark statute, and Eskridge’s super statutes.

A constitution by any other capitalization would smell as sweet?

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