A THEORY OF AMERICAN CONSTITUTIONAL TIME

• Published in: Boston University law review Vol. 101; no. 5; pp. 1807 - 1829
• Main Author: Albert, Richard
• Format: Journal Article
• Language: English
• Published: Boston Boston University School of Law 01.10.2021
• Subjects: Constitution-US; Constitutional law; Politics; United States > US
• ISSN: 0006-8047

Jack Balkin 's new book, The Cycles of Constitutional Time, teaches us that there are three cycles of change in American politics: the cycle of the rise and fall of regimes, the cycle of polarization and depolarization, and the cycle of constitutional rot and renewal. Although Balkin gestures toward the possible application of his theory to the world abroad, his theory of constitutional time must be understood as a theory of distinctly American constitutional time. The phenomena of time cycles Balkin identifies in his groundbreaking book are visible elsewhere in the world, but they interact in unique ways in the United States. In this Article, I explain why and how with reference to three idiosyncratic features of the U.S. Constitution: its endurance, its amorality, and its veneration. I explain that the significantly shorter life spans of constitutions abroad make it much harder for them to experience the same frequency of cyclical rotations that occur in the United States. I show also that the Constitution 's amorality has profound implications on the cycle ofconstitutional rot and renewal in the United States-implications that do not apply to many constitutions abroad because of their moral foundations. And finally, I suggest that the U.S. Constitution 's popular veneration is the unspoken predicate for Balkin 's theory of American constitutional time. As the Constitution endures and grows in public salience, its increasing veneration catalyzes the three cycles of American constitutional time. I close by exploring whether the endurance, amorality, and veneration of the U.S. Constitution could ultimately distort the nature of constitutional time in the world.