Bruce Ackerman - The Possibility of Interpretation (Griswold updated)

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-  The enduring popular support for an activist government throughout the New Deal era constitutes a third stage of constitutional law-making:        

       1. Unlike the Founding and the Reconstruction, this change is implicit. However, since the Founding and the Reconstruction were procedurally irregular in their own right, the legitimacy of each of these periods of constitutional reform is to be found in popular support and mobilization (the method of interpretation here is popular constitutionalism).