While much has been written about the U.S. Constitution, very little, if anything at all, has been said about the ways in which the Constitution shares attributes with the commons. This article examines the Constitution and the efforts to influence the shape and scope of its application through the lenses developed by scholars for assessing both common good and public good resources. Focusing on these interrelated lenses provides a unique perspective on both the U.S. Constitution and those attempting to influence its text and its interpretation. The synergy and interaction between the common good and public good dimensions of the Constitution not only provide a more holistic understanding of its institutional design and mode of operation, but also provide new insights into the potential damage future constitutional conflicts may cause to the stability and strength of the U.S. Constitution and how that damage may be avoided.
United States, Constitution, United States, Patient Protection & Affordable Care Act, United States, Supreme Court, Public goods -- Law & legislation, National Federation of Independent Business v. Sebelius (Supreme Court case)
Date of Authorship for this Version
Hudson, Blake and Daniels, Brigham, "Our Constitutional Commons" (2015). Journal Articles. 169.
49 Ga. L. Rev. 995 (2015)