The drafting of and debate about a new U.S. constitution took place in
Philadelphia more or less at the same time as Pennsylvania's debate about how
to replace its failed constitution of 1776, and was very much influenced by
Pennsylvania's experience. Pennsylvania's Council of Censors was not
considered to have been a success, which is one reason no such institution was
attempted at the Federal level. The writings of members of Pennsylvania's
Republican Society are enlightening about the attitudes that shaped both the
U.S. and the reformed Pennsylvania constitution. I particularly recommend the
writings of Benjamin Rush.
Tim Sellers
>===== Original Message From Discussion list for con law professors
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> Is there any significant literature describing the historical
>reasons for the failure of the Council of Revision considered for inclusion
in the
>Constitution during the Founding generation? Additionally, was the Council
>conceived of as a constitutional court or rather as an institution for
striking
>down legislation for whatever reasons the Council thought compelling?
Finally,
>what were the arguments for and against including it in the Constitution?
>
>Bobby Lipkin
>Widener University School of Law
>Delaware
