The Dead Hand's Grip
How Long Constitutions Bind States
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In The Dead Hand's Grip, Adam R. Brown examines constitutional specificity--or length--within American state constitutions as a new way to evaluate how different polities confront how to both control citizens and regulate themselves. He argues argues that constitutional specificity restricts state discretion, with three major results. First, it compels states to rely more frequently on burdensome amendment procedures, increasing constitutional amendment rates. Second, it increases judicial invalidation rates as state supreme courts enforce narrower limits on state action. Third and most import...
In The Dead Hand's Grip, Adam R. Brown examines constitutional specificity--or length--within American state constitutions as a new way to evaluate how different polities confront how to both control citizens and regulate themselves. He argues argues that constitutional specificity restricts state discretion, with three major results. First, it compels states to rely more frequently on burdensome amendment procedures, increasing constitutional amendment rates. Second, it increases judicial invalidation rates as state supreme courts enforce narrower limits on state action. Third and most importantly, it results in severely reduced economic performance, with lower incomes, higher unemployment, greater inequality, and reduced policy innovativeness generally. In short, long constitutions hurt states.
