Citation

Orren K. Law Soc. Rev. 2000; 34(4): 873-909.

Copyright

(Copyright © 2000, Law and Society Association, Publisher John Wiley and Sons)

DOI

10.2307/3115127

PMID

unavailable

Abstract

The changing rights of legally designated officers provides a comprehensive framework for following American constitutional development over time, in both public and private settings. Rights are defined as judicially enforceable claims on the person or actions of another; development, as enduring change in constitutional provision, structure, and doctrine. It is proposed that constitutional development as a historical process has consisted of a shift in the balance between the rights of officers and the rights of citizens. The framework is demonstrated empirically in connection with the Bill of Rights, federalism, and the separation of powers. Officers' rights is recommended as a method for studying constitutions comparatively and for linking constitutional development to other political events and phenomena like social movements and parties.