Gerard N. Magliocca (Indiana University School of Law - Indianapolis) has posted Walter Bagehot and the American Constitution on SSRN. Here is the abstract:
This Article examines Walter Bagehot's classic book on the English Constitution and applies his analysis to some contemporary constitutional issues. Part One focuses on: (1) Bagehot's distinction between 'dignified' or ceremonial institutions (such as the Crown) that legitimate government action and efficient bodies (like the House of Commons) that exercise that authority; and (2) the role of Lords-packing in conferring special authority on certain Acts of Parliament. Part Two explores his thoughts on our Constitution and his criticisms of separation of powers, federalism, and bicameralism. Part Three argues: (1) that our constitutional text is the dignified equivalent of the Crown, which sheds new light on the debate over originalism; (2) that the White House staff is the efficient counterpart to the President's Cabinet, which suggests that the White House staff should be subjected to Senate confirmation and frequent congressional testimony; and (3) that the British practice of treating certain statutes as part of their fundamental law can be sensibly incorporated into our discourse.
