Democratic Theories and the Constitution: (SUNY series in Political Theory: Contemporary Issues)

Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory-citizenship, political participation, and political freedom-and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.

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

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.