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Martin Edelman - Democratic theories and the Constitution

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title Democratic Theories and the Constitution SUNY Series in Political - photo 1

title:Democratic Theories and the Constitution SUNY Series in Political Theory. Contemporary Issues
author:Edelman, Martin.
publisher:State University of New York Press
isbn10 | asin:0873958721
print isbn13:9780873958721
ebook isbn13:9780585075785
language:English
subjectConstitutional law--United States, Democracy, Political science--United States.
publication date:1984
lcc:KF4550.E36 1984eb
ddc:342.73
subject:Constitutional law--United States, Democracy, Political science--United States.
Page i
Democratic Theories and the Constitution
Page ii
SUNY SERIES IN
POLITICAL THEORY: CONTEMPORARY ISSUES
JOHN G. GUNNELL, EDITOR
Page iii
Democratic Theories and the Constitution
Martin Edelman
State University of New York Press Albany
Page iv
PUBLISHED BY
STATE UNIVERSITY OF NEW YORK PRESS, ALBANY
1984 STATE UNIVERSITY OF NEW YORK
ALL RIGHTS RESERVED
PRINTED IN THE UNITED STATES OF AMERICA
NO PART OF THIS BOOK MAY BE USED OR REPRODUCED
IN ANY MANNER WHATSOEVER WITHOUT WRITTEN PERMISSION
EXCEPT IN THE CASE OF BRIEF QUOTATIONS EMBODIED IN
CRITICAL ARTICLES AND REVIEWS.
FOR INFORMATION, ADDRESS STATE UNIVERSITY OF NEW YORK
PRESS, STATE UNIVERSITY PLAZA, ALBANY, N.Y., 12246
Library of Congress Cataloging in Publication Data
Edelman, Martin.
Democratic theories and the Constitution.
(SUNY series in political theory. Contemporary issues)
1. United StatesConstitutional lawInterpretation and construction. 2. Democracy.
3. Political scienceUnited States. I. Title. II. Series.
KF4550.E36 1984 342.73 83-18143
ISBN 0-87395-872-1 347.302
ISBN 0-87395-873-X (pbk.)
10 9 8 7 6 5 4 3 2 1
Page v
To Miriam
Blessed art Thou O Lord our God King of the universe who created joy and - photo 2
Blessed art Thou, O Lord our God, King of the universe,
who created joy and gladness, bridegroom and
bride, mirth and exultation, pleasure and delight, love,
brotherhood, peace and fellowship
.
Page vii
CONTENTS
Preface
1
Introduction
5
I Historical Background
1 The Republican Constitution
13
Picture 3
The Democratic Theory of the Anti-Federalists
14
Picture 4
The Republican Theory of the Framers
15
Picture 5
The Constitution as Fundamental Law
18
2 The Constitution Construed and Democratic Theories Vindicated
20
Picture 6
The Democratic Theory of Jefferson
21
Picture 7
The Republican Theory of Marshall
22
Picture 8
The Decline of Republican Theory: The Whigs (Webster and Lincoln) as Democrats
25
3 Constitutional Exegesis Old and New
29
Picture 9
The Cooley-Field Theory of Democracy
30
Picture 10
Populists and Progressives
37
Picture 11
Brandeis as a Progressive
38

Page viii
4 The Challenge to Tradition
43
Picture 12
John Dewey's Instrumentalism
45
Picture 13
The Detachment of Justice Holmes
47
Picture 14
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