Conditions affecting the survivial of constitutional rules

Massive changes in the effective constitution—primarily bearing on the economic powers of the federal government, primarily in the past 60 years—have revived interest in the problem of constitutional maintenance. This paper finds the conventional American theory of constitutional maintenance to have at least three major problems. The paper then suggests three propositions about constitutional maintenance, building on the developing theory ofproprietary government. The most important conclusion is how little we know about this subject. Paper presented at Panel on Constitutional Political Economy: Annual Meeting of the Southern Economic Association; Orlando, Florida; 19–21 Nov. 1989