Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1997 The Constitutional Right to "Conservative" Revolution David C. Williams Indiana University Maurer School of Law,
[email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Constitutional Law Commons, and the Political Theory Commons Recommended Citation Williams, David C., "The Constitutional Right to "Conservative" Revolution" (1997). Articles by Maurer Faculty. 674. https://www.repository.law.indiana.edu/facpub/674 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. THE CONSTITUTIONAL RIGHT TO "CONSERVATIVE" REVOLUTION David C. Williams* Introduction The American political tradition has generally recognized that the people have a moral right to revolution: when a government becomes tyrannical, the citizenry may, by force of arms, overthrow it and institute a new, more acceptable one. The constitutional status of this right is, however, the subject of considerable doubt. It is commonly argued that the moral rigfit to revolution cannot be a constitutionalright because the concepts of revolution and constitution are, at a deep level, in conflict.1 A revolution, by definition, attempts to change the fundamental politico- legal order. A constitution, by definition, attempts to entrench that order. In other words, the purposes of a constitution and a revolution are deeply different: a constitution seeks to create order, a revolution to undo order.