A written constitution only becomes living law through enforcement.

Evidence

Whatever the situation elsewhere, constitutional government is a strong force to be reckoned with in the United States. It is part of the fabric of American life. The American Constitution is living law because it is enforced; Article 35 of the Chinese constitution is not. The U.S. Constitution is made into living law through a variety of means. There is, very notably, enforcement through the courts, by means of “judicial review.” This refers to the power of the courts to decide if laws and acts of the other branches of government, or of the state and local governments, are valid or not, constitutionally speaking, and to reduce these acts to zero if they fail the test. The courts are not the only guardians of the constitutional system, but they are a powerful and important one. Indeed, when people talk about “constitutional law,” they usually mean doctrines and understandings that courts have invented, developed, and spread. — Lawrence M. Friedman and Grant M. Hayden, American Law, 921

Categorization

• DEFINE: Introduces ‘judicial review’ as courts’ power to strike down acts of other branches, a term the course’s other readings assume.
• XREF: Extends the earlier chapter’s theme that rules only count when enforced in practice; pairs with Friedman’s History of American Law. — connects to: Real disputes and social issues, not abstract text, generate constitutional law. — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 923; A functioning legal system can exist where only officials accept its rules. — HLA Hart, The Concept of Law (Clarendon Law…, 350; Judge-made law can only change through actual litigated cases. — Lawrence M. Friedman, A History of American Law, 89 (+11 more)
• recurring: this claim recurs 2 times within its source

Broader Connections

• A rule only counts when enforced in practice #corroborates (0.88) — Lawrence M. Friedman and Grant M. Hayden, American Law, 54
• Legal rules become binding only when supporters hold enforcement power #expands (0.85) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 471
• The empire of law works only when informal social norms sustain legal compliance. #corroborates (0.85) — Frank Lovett, Republicanism, 66
• A functioning legal system can exist where only officials accept its rules. #corroborates (0.82) — HLA Hart, The Concept of Law (Clarendon Law…, 350
• Constitutions only endure when they reflect actual social power relations #expands (0.80) — Ambedkar, B R, Annihilation of Caste_ The Annotated…, 839
• Law changes norms even when it never produces prosecutions #complicates (0.80) — , The Rod and the Child, 7224
• Courts decide constitutional questions only when a live case compels it #expands (0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3488
• Judge-made law can only change through actual litigated cases. #corroborates (0.78) — Lawrence M. Friedman, A History of American Law, 89
• State coercion works only because most citizens comply voluntarily #qualifies (0.78)
• A law binds only because sovereign will chose to be bound by it #corroborates (0.75) — Wael Hallaq, Restating Orientalism, 197
• Constitutional validity can only be judged against concrete facts in real cases #expands (0.75) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3493
• Constitutional law and jurisprudence need have only contingent historical connections. #qualifies (0.73) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 884
• A law can only shape behavior if it is communicated #qualifies (0.72) — Lawrence M. Friedman and Grant M. Hayden, American Law, 1055