Much has been written in the past century about the state of American constitutionalism and the political culture that serves as its animating force. Some scholars have argued that American constitutionalism has evolved so far from its founding principles that political practice today would be unrecognizable by the eighteenth-century Framers. These critics submit that the way to restore constitutionalism to its original form lies in insisting that public officials, and especially judges, abide by the Framers’ constitutional intent.
Before one can assess such claims, it is necessary to analyze several aspects of American constitutionalism. We must understand not only what constitutionalism is, but also what is required to maintain a constitutional order over time. This analysis must include attention to the historical, theoretical, and ethical characteristics of constitutionalism. More specifically, it involves developing an understanding of the relationship between liberty and power as well as that between the written and unwritten constitutions. Within the context of the unwritten constitution, central problems of order are discovered. These relate to the kind of character and personality required of political leaders and citizens alike for constitutional government to be possible.1
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