Democratic Theories and the Constitution

Democratic Theories and the Constitution

by Martin Edelman

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Product Details

ISBN-13: 9781438401843
Publisher: State University of New York Press
Publication date: 09/30/2009
Sold by: Barnes & Noble
Format: NOOK Book
File size: 2 MB

About the Author

Martin Edelman teaches political science at SUNY, Albany and has written numerous articles on American constitutional law and also on the Israeli court systems.

Table of Contents

Preface

Introduction

I Historical Background

1 The Republican Constitution

The Democratic Theory of the Anti-Federalists

The Republican Theory of the Framers

The Constitution as Fundamental Law

2 The Constitution Construed and Democratic Theories Vindicated

The Democratic Theory of Jefferson

The Republican Theory of Marshall

The Decline of Republican Theory: The Whigs (Webster and Lincoln) as Democrats

3 Constitutional Exegesis Old and New

The Cooley-Field Theory of Democracy

Populists and Progressives

Brandeis as a Progressive

4 The Challenge to Tradition

John Dewey's Instrumentalism

The Detachment of Justice Holmes

The New Deal and the Supreme Court

II Contemporary Theories of Democracy: The Competitive Theories

5 The Competitive Paradigm for Democracy

Schumpeter's Competitive Paradigm

The Weakness of the Traditional Paradigm

The Virtues of the Competitive Paradigm

6 Realist Theory

Realist Theory and the Competitive Paradigm

Realist Theorists

Social Scientists: Key, Dahl, MacIver and Lipset

Political Theorist: Hook

Supreme Court Justices: Frankfurter and Harlan

An Analysis of Realist Theory

Citizenship

Political Participation

Political Freedom

Conclusions

7 Optimalist Theory

Optimalist Theory and the Competitive Paradigm

Optimalist Theorists

Social Scientists—Schattschneider and Burns

Political Theorist—Thorson

Supreme Court Justices and the Preferred Freedoms Doctrine

An Analysis of Optimalist Theory

Citizenship

Political Participation

Political Freedom

Conclusions

III Contemporary Theories of Democracy: Natural Rights Theory

8 Liberal Natural Rights Theory

Justice Douglas and the Grand Design of the Constitution

An Analysis of Liberal Natural Rights Theory

Citizenship

Political Participation

Political Freedom

Conclusions

IV Contemporary Theories of Democracy: The Contract Theories

9 The Functional Contract

Meiklejohn and Tussman

Justice Brennan

An Analysis of the Functional Contract Theory

Citizenship

Political Participation

Political Freedom

Conclusions

10 The Individualistic Contract

Justice Black

An Analysis of the Individualistic Contract Theory

Citizenship

Political Participation

Political Freedom

Conclusions

V Conclusion

11 The Utility of Reason

Contemporary Theories and the Constitution

The Role of Reason

Suggestions for Constitutional Interpretation

Citizenship

Political Participation

Political Freedom

Notes

Bibliography

BOOKS

ARTICLES

Table of Cases

Index

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