georgeob1 wrote:In our case we already had state governments, each with its own basic law, legislature and criminal code.
Actually, so did Germany, when our
Parlamentarischer Rat wrote our constitution, the
Grundgesetz. The Grundgesetz is considerably longer than the American constitution. (34 pages compared to 13, when printed with a similar font.) So my guess is that of the factor 30 between the European constitution and the American, a factor 3 is owing to the fact that the Roman Law dominates our jurisprudence. Every judge here is a strict constructionist by American standards, so the verbosity of our statutes buys us a very desirable boringness in constitutional interpretation. In America for example, everybody knows what
Roe v. Wade stands for. In Germany, nobody even knows the names of the two cases in which our Supreme Court struck down legalized abortion as unconstitutional. The language of our constitution is so clear on this that even pro-choicers like myself see no use in bickering over its interpretation. "Article 1: The dignity of life is untouchable. To respect it and protect it is the duty of all government power." Much stronger language than in your 5th and 14th amendments, no explicit exclusion of life that isn't born yet. There is much to be said for clear language like this -- even if you don't like its content, and even if it takes a few more pages to say it. The American constitution isn't short after you've appended to it all the Supreme Court decisions you need to predict how courts will decide.
Unfortunately, the remaining factor 10 is devoted to put all the obfuscation back into the law. It looks to me that the authors were desperately trying to found something, but couldn't agree on what it was.
georgeob1 wrote:American liberals are more European on their outlook than their wiser conservative brethren, and usually seek government-directed solutions for whatever worries them.
I used to agree with that, but recently I've lost my confidence in this comparison. I agree they have similar political goals, but the European left's approach to institutions is very 'conservative' by American standards. They try to encode the institutions they want in statutes, rather than interpret them out of them. That's 'Republican'. For another example, there is a tradeoff in monetary policy between giving the central bank much discretionary power to deal with recessions and making the central bank provide stable money. In this tradeoff, the Euro, the gold standard, and monetarism represent similar choices. But the Euro is defended by European leftists and moderates against European conservatives, while the gold standard and monetarism are advocated by the American right against American moderates and leftists. Oscar Lafontaines Keynesian position as minister of finance discredited him even on the left. (Lots of other things discredited him too, and I'm sure Walter can tell you all about them

)
Anyway, the European left is much more conservative than you seem to give them credit for.