Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book.
The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society.
Pursuit of this Progressive vision has become ingrained in American legal and political culture―at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.

Constitutional Morality and the Rise of Quasi-Law

Carey, George W.

Frohnen, Bruce P.

Constitutional Law

Harvard University Press

Americans have been forced from their homes. Their jobs have been outsourced, their neighborhoods torn down to make room for freeways, their churches shuttered or taken over by social justice warriors, and their very families eviscerated by government programs that assume their functions and a hostile elite that deems them oppressive. Conservatives have always defended these elements of a rooted life as crucial to maintaining cultural continuity in the face of changing circumstances. Unfortunately, official “conservatism” has become fixated on abstract claims about freedom and the profits of “creative destruction.” Conservatism has never been the only voice in America, but it is the most distinctively American voice, emerging from the customs, norms, and dispositions of its people and grounded in the conviction that the capacity for self-governance provides a distinctly human dignity. Emphasizing the ongoing strength and importance of the conservative tradition, the authors describe our Constitution’s emphasis on maintaining order and balance and protecting the primary institutions of local life. Also important here is an understanding of changes in American demographics, economics, and politics. These changes complicated attempts to address the fundamentally antitraditional nature of slavery and Jim Crow, the destructive effects of globalism, and the increasing desire to look on the federal government as the guarantor of security and happiness. To reclaim our home as a people, we must rebuild the natural associations and primary institutions within which we live. This means protecting the fundamental relationships that make up our way of life. From philosophy to home construction, from theology to commerce, from charity to the essentials of household management, our ongoing practices are the source of our knowledge of truth, of one another, and of how we may live well together.

Coming Home: Reclaiming America's Conservative Soul

Business & Money

McAllister, Ted V.

Economics

Encounter Books

Character in the American Experience: An Unruly People (Political Theory for Today)

What is an American? Bruce P. Frohnen and Ted V. McAllister argue that we are, in fact, a distinct people with our own common character that transcends race, gender, ethnicity, and class. They find in our current political conflicts a crisis of identity that stems from changes, not just in our political, economic, and technological environment, but in our ability to evaluate—and to value—the personalities that shaped our way of life. The history of the American character is filled with triumph as well as tragedy, and with virtue as well as vice. It is a story of cooperation and conflict among an unruly people, who from earliest days questioned authority even as they worked to establish communities of faith, family, and local freedom under extreme circumstances.

History

Americas

Lexington Books

What is an American? Bruce P. Frohnen and Ted V. McAllister argue that we are, in fact, a distinct people with our own common character that transcends race, gender, ethnicity, and class. They find in our current political conflicts a crisis of identity that stems from changes, not just in our political, economic, and technological environment, but in our ability to evaluate--and to value--the personalities that shaped our way of life. The history of the American character is filled with triumph as well as tragedy, and with virtue as well as vice. It is a story of cooperation and conflict among an unruly people, who from earliest days questioned authority even as they worked to establish communities of faith, family, and local freedom under extreme circumstances.

Politics & Social Sciences

Politics & Government

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Books by Frohnen, Bruce P.