FOUNDATIONS OF CONSTITUTIONAL LEGITIMACY: LEGAL-POLITICAL CULTURE, CONSTITUTIONAL APTNESS, AND BASELINE COMMUNITY

A longstanding question of American constitutionalism emerges out of the fact that constitutions demand fidelity. By virtue of what is the American Constitution binding? Zevit contends that many of the explanations of constitutional fidelity offered today fail to reconcile Americans’ submission to a Constitution written and ratified by generations of long ago with their claim (or aspiration) to be self-governing as a People today. Zevit introduces one type of explanation (the aptness explanation) that does not contain this flaw, and, drawing on an expansive definition of culture as a notion that encompasses the legal-political, offers the concepts of legal-political culture and baseline community as a framework for assessing the Constitution’s aptness while maintaining the People’s self-rule. She argues that constitutional aptness secures the foundations of constitutional legitimacy.