Introduction
American constitutionalism is not just a set of legal rules. It functions as a political framework shaped by power, history, and political interests. This understanding bridges legal interpretation with the political realities that drive governance in the U.S. As Professor Steve Griffin explains in his book American Constitutionalism, the tension between law and politics is key to understanding how the U.S. Constitution works. This article explores Griffin’s insights and what they mean for American governance.
Constitutionalism: More Than Just Law
Professor Griffin argues that the Constitution goes beyond theory. It is a political tool used by those in power to shape governance. This view moves beyond legal interpretation, showing that constitutionalism involves real political processes. Legal theory alone cannot explain the full picture. Governance is influenced by power dynamics and cultural shifts, which affect how the Constitution is applied.
Political Change Creates Constitutional Tension
The Constitution provides stability, but political change creates tension. Griffin explains that this tension has existed throughout U.S. history. Political movements push the Constitution to adapt, even though the document itself remains unchanged. Unlike other countries, like France with its five republics, the U.S. Constitution has endured. Griffin calls this a “useful tension” that forces the Constitution to fit modern political needs without being rewritten.
Culture’s Influence on Constitutional Interpretation
Griffin also highlights the role of culture. As cultural norms change, so does the interpretation of the Constitution. Politics is said to be “downstream from culture,” meaning political shifts follow cultural changes. For example, evolving views on individual rights influence how courts interpret free speech and civil liberties. As society changes, so does the legal understanding of these rights.
Power Dynamics and the Constitution
Political actors often use the Constitution to advance their own interests. This has been the case since the founding era. Griffin emphasizes that the Constitution creates an arena where political forces compete. This constant struggle between maintaining a stable framework and responding to changing political power is a defining feature of American governance.
Conclusion
American constitutionalism is both a legal document and a political tool. The Constitution’s stability allows it to endure, but political and cultural changes force it to adapt. As Griffin points out, the tension between law and politics is essential to the Constitution’s survival. It’s this balance that has kept the U.S. Constitution relevant for over two centuries.
For a more comprehensive discussion on these themes, listen to the full podcast episode on Episode on the EdgeHog Podcast.
