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The Limits of Constitutional Democracy
Edited by Jeffrey K. Tulis & Stephen Macedo

Book Description | Endorsements
Introduction [in PDF format]


P> Introduction. Constitutional Boundaries by Jeffrey K. Tulis and Stephen Macedo 1

Part I: What Is Constitutional Failure? 11
Chapter 1: Constitutional Failure: Ultimately Attitudinal by Sotirios A. Barber 13
Chapter 2: Successful Failures of the American Constitution by James E. Fleming 29
Chapter 3: The Disharmonic Constitution by Gary Jeffrey Jacobsohn 47
Chapter 4: Constitution of Failure The Architectonics of a Well-Founded Constitutional Order by William F. Harris II 66

Part II: How Can Constitutional Democracy Contend with Emergency 89
Chapter 5: "In the Name of National Security" Executive Discretion and Congressional Legislation in the Civil War and World War I by Benjamin A. Kleinerman 91
Chapter 6: The Possibility of Constitutional Statesmanship by Jeffrey K. Tulis 112
Chapter 7: Exceptions That Prove the Rule Embedding Emergency Government in Everyday Constitutional Life by Kim Lane Scheppele 124

Part III: How Can Constitutional Democracy Contend with War? 155
Chapter 8: The Glorious Commander in Chief by Adrian Vermeule 157
Chapter 9: The Relational Conception of War Powers by Mariah Zeisberg 168
Chapter 10: Confronting War Rethinking Jackson's Concurrence in Youngstown v. Sawyer by Joseph M. Bessette 194
Chapter 11: War and Constitutional Change by Mark E. Brandon 217

Part IV: How Can Constitutional Democracy Contend with Globalization 237
Chapter 12: Three Constitutionalist Reponses to Globalization by Jan -Werner Muller 239
Chapter 13: Constitutionalism in a Theocratic World by Ran Hirschl 256
Chapter 14: Constitutional Democracies, Coercion, and Obligations to Include by Rogers M. Smith 280
Chapter 15: Omniviolence, Arms Control, and Limited Government by Daniel Deudney 297

Conclusion: Constitutional Engagement and Its Limits by Christopher L. Eisgruber 317
List of Contributors 329
Index 333

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File created: 4/21/2017

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