The Limits of Constitutional Democracy

Published by Princeton University Press 2011

The Limits of Constitutional Democracy

Edited by: Jeffrey K. Tulis and Stephen Macedo

Volume 37 in the series The University Center for Human Values Series

https://doi.org/10.1515/9781400836796

Overview
Contents

About this book

Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future.

The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation.

In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

Author / Editor information

Jeffrey K. Tulis teaches political science at the University of Texas, Austin. His books include The Rhetorical Presidency (Princeton). Stephen Macedo is the Laurance S. Rockefeller Professor of Politics at Princeton University. His numerous books include Democracy at Risk.

Reviews

"Provocative and insightful, these essays offer a badly needed tutorial on how to think about the fate of constitutional democracy in the twenty-first century. The volume as a whole demonstrates that the best friends of constitutionalism are those who are unafraid to explore its limits."—Bryan Garsten, Yale University

"This unique collection—of original, thoughtful, and stimulating essays by many of the country's top constitutional scholars—looks into the nature of constitutional democracy and its capacity to achieve benign ends. The essays provide illuminating and provocative answers and reflect a wide variety of views on the meaning of constitutional success and failure."—Donald P. Kommers, Notre Dame Law School

"In this book, some of our most subtle thinkers about the constitutional order discuss its fundamental aspects. These challenging and provocative essays should lead us to think more deeply about problems of constitutionalism in a twenty-first century world of seemingly permanent war and emergency, executive power, religious conflict, and globalization."—Mark Tushnet, Harvard Law School

"I cannot remember reading another collection of essays that is so strong and compelling. There could hardly be a more important topic than the limits of constitutional democracy in this day and age, and I found every single essay extremely interesting."—Sanford Levinson, University of Texas Law School

"In the face of emergency, war, and globalization, even the most enduring and successful constitution in history still confronts the possibility of constitutional failure. Focusing on this central theme, the authoritative essays contained in this book offer cogent arguments, a range of subjects, and a genuine diversity of opinion."—Harvey Mansfield, Harvard University

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
Introduction Constitutional Boundaries Jeffrey K. Tulis and Stephen Macedo Requires Authentication Unlicensed Licensed Download PDF	1
Part I. WHAT IS CONSTITUTIONAL FAILURE?
1. Constitutional Failure: Ultimately Attitudinal Sotirios A. Barber Requires Authentication Unlicensed Licensed Download PDF	13
2. Successful Failures of the American Constitution James E. Fleming Requires Authentication Unlicensed Licensed Download PDF	29
3. The Disharmonic Constitution Gary Jeffrey Jacobsohn Requires Authentication Unlicensed Licensed Download PDF	47
4. Constitution of Failure The Architectonics of a Well-Founded Constitutional Order William F. Harris Ii Requires Authentication Unlicensed Licensed Download PDF	66
Part II. HOW CAN CONSTITUTIONAL DEMOCRACY CONTEND WITH EMERGENCY?
5. “In the Name of National Security” Executive Discretion and Congressional Legislation in the Civil War and World War I Benjamin A. Kleinerman Requires Authentication Unlicensed Licensed Download PDF	91
6. The Possibility of Constitutional Statesmanship Jeffrey K. Tulis Requires Authentication Unlicensed Licensed Download PDF	112
7. Exceptions That Prove the Rule Embedding Emergency Government in Everyday Constitutional Life Kim Lane Scheppele Requires Authentication Unlicensed Licensed Download PDF	124
Part III. HOW CAN CONSTITUTIONAL DEMOCRACY CONTEND WITH WAR?
8. The Glorious Commander in Chief Adrian Vermeule Requires Authentication Unlicensed Licensed Download PDF	157
9. The Relational Conception of War Powers Mariah Zeisberg Requires Authentication Unlicensed Licensed Download PDF	168
10. Confronting War Rethinking Jackson’s Concurrence in Youngstown v. Sawyer Joseph M. Bessette Requires Authentication Unlicensed Licensed Download PDF	194
11. War and Constitutional Change Mark E. Brandon Requires Authentication Unlicensed Licensed Download PDF	217
Part IV. HOW CAN CONSTITUTIONAL DEMOCRACY CONTEND WITH GLOBALIZATION?
12. Three Constitutionalist Responses to Globalization Jan-Werner Müller Requires Authentication Unlicensed Licensed Download PDF	239
13. Constitutionalism in a Theocratic World Ran Hirschl Requires Authentication Unlicensed Licensed Download PDF	256
14. Constitutional Democracies, Coercion, and Obligations to Include Rogers M. Smith Requires Authentication Unlicensed Licensed Download PDF	280
15. Omniviolence, Arms Control, and Limited Government Daniel Deudney Requires Authentication Unlicensed Licensed Download PDF	297
Conclusion. Constitutional Engagement and Its Limits Christopher L. Eisgruber Requires Authentication Unlicensed Licensed Download PDF	317
List of Contributors Requires Authentication Unlicensed Licensed Download PDF	329
Index Requires Authentication Unlicensed Licensed Download PDF	333

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