The Limits of Constitutional Democracy

Overview

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 ...

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The Limits of Constitutional Democracy

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Overview

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.

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What People Are Saying

Harvey Mansfield
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
Bryan Garsten
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
Mark Tushnet
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
Sanford Levinson
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
Kommers
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
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Product Details

Meet the Author

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".

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Table of Contents

Introduction. Constitutional Boundaries Jeffrey K. Tulis Stephen Macedo 1

Part I What is Constitutional Failure? 11

1 Constitutional Failure: Ultimately Attitudinal Sotirios A. Barber 13

2 Successful Failures of the American Constitution James E. Fleming 29

3 The Disharmonic Constitution Gary Jeffrey Jacobsohn 47

4 Constitution of Failure The Architectonics of a Well-Founded Constitutional Order William F. Harris II 66

Part II How Can Constitutional Democracy Contend With Emergency? 89

5 "In the Name of National Security" Executive Discretion and Congressional Legislation in the Civil War and World War I Benjamin A. Kleinerman 91

6 The Possibility of Constitutional Statesmanship Jeffrey K. Tulis 112

7 Exceptions That Prove the Rule Embedding Emergency Government in Everyday Constitutional Life Kim Lane Scheppele 124

Part III How Can Constitutional Democracy Contend With War? 155

8 The Glorious Commander in Chief Adrian Vermeule 157

9 The Relational Conception of War Powers Mariah Zeisberg 168

10 Confronting War Rethinking Jackson's Concurrence in Youngstown v. Swayer Joseph M. Bessette 194

11 War and Constitutional Change Mark E. Brandon 217

Part IV How Can Constitutional Democracy Contend With Globalization? 237

12 Three Constitutionalist Reponses to Globalization Jan-Werner Müller 239

13 Constitutionalism in a Theocratic World Ran Hirschl 256

14 Constitutional Democracies, Coercion, and Obligations to Include Rogers M. Smith 280

15 Omniviolence, Arms Control, and Limited Government Daniel Deudney 297

Conclusion. Constitutional Engagement and Its Limits Christopher L. Eisgruber 317

List of Contributors 329

Index 333

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