Document Type
Article
Publication Date
Winter 2001
ISSN
0029-3571
Language
en-US
Abstract
One case in American legal history, perhaps more than any other, starkly presents in a single package many of the most fundamental issues of American structural constitutionalism: the principle of enumerated powers, the concept of limited government, and the place of the United States in a world of sovereign nations. It raises foundational questions about the powers of all major institutions of the national government and serves as an ideal acid test for differing conceptions of the Constitution-and indeed of the American nation-state. In terms of its theoretical scope and consequences, it is one of the most important cases ever decided by the United States Supreme Court. The case is Cross v. Harrison.
Recommended Citation
Gary S. Lawson & Guy I. Seidman,
The Hobbesian Constitution: Governing Without Authority
,
in
95
Northwestern University Law Review
581
(2001).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2551
