AN ADVERSARIAL APPROACH TO THE PROBLEM OF A PERPETUAL CONSTITUTION

Abstract

The Constitution of the United States is intergenerational in nature. The preferences of the founding generation have great impact on the policies and actions of the United States government to this day, occasionally overruling the preferences of modem generations. This thesis will not attempt to render judgment as to the legitimacy of what some identify as a perpetual constitution. Rather, this thesis will outline and subsequently script a fictional trial between those who argue against the continuing authority of the Constitution, and those who defend its legitimacy. The structure of a jury trial allows for a dialogue between the two intellectual camps that highlights some of the areas in which they clash, including the application and defense of the reserved powers doctrine.