Our Structural Constitution

Americans properly revere our Constitution for its protection of individual rights. We tend to overlook, however, that the Constitution also provides a blueprint for our governmental structure. This Essay urges a renewed emphasis upon structure in all aspects of constitutional interpretation. The most compelling lessons of the Structural Constitution pertain to the place of the federal courts in relation to Congress, the executive branch, and the various states. Each of these topics is addressed in turn. In each case, this Essay explores the different consequences of viewing the Constitution primarily as a charter of rights or a blueprint of structure. The final section addresses the value of structuralism as a tool of constitutional interpretation. Structuralism teaches that the Constitution protects all of us as well as each of us. By returning the focus to the critical role of the political branches and the states in our constitutional scheme, the Structural Constitution restores a proper respect for the workings and products of American democracy.