The limits of constitutional democracy 9780691147345, 0691147345, 9780691147369, 0691147361

Table of contents :
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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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