Chapter
IV. CONSTITUTIONAL INTERPRETATION
VI. CONSTITUTIONAL CHANGE, ORGANIC OR OTHERWISE
CONSTITUTION AND FUNDAMENTAL LAW: THE LESSON OF CLASSICAL ATHENS
I. INTRODUCTION: THE CONSTITUTION AS FUNDAMENTAL LAW
II. THE ATHENIAN CRISIS OF THE LATE FIFTH CENTURY B.C.
III. THE DEEPER CAUSE OF THE CRISIS
IV. THE ATHENIAN RESPONSE TO THE CRISIS
V. FUNDAMENTAL LAW, ANCIENT AND MODERN
CONTRACT, COVENANT, CONSTITUTION*
II. WHAT’S WRONG WITH CONTRACT?
C. How stringent are the obligations established by consent?
D. Transgenerational consent
E. Interpreting obligation
C. Stringency of covenant
D. Transgenerational covenant
E. Covenant interpretation
CONSTITUTIONALISM IN THE AGE OF TERROR
II. MODELS OF CONSTITUTIONALISM
A. Model I: Whig constitutionalism
B. Model II: Lockean and Jeffersonian constitutionalism
C. Model III: Hamiltonian constitutionalism
D. Model IV: Madisonian constitutionalism
III. CONTEMPORARY PERSPECTIVES
A. Model I: Contemporary Whigs
B. Model II: Contemporary Jeffersonians
C. Model III: Contemporary Hamiltonians
D. Model IV: Contemporary Madisonians
THE LIBERAL CONSTITUTION AND FOREIGN AFFAIRS*
II. THE FOREIGN POLICY OF A LIBERAL REPUBLIC: LIBERTY
A. What is a liberal constitution?
C. Promoting liberty globally
D. The defense of liberty must not be self-defeating
III. THE FOREIGN POLICY OF A LIBERAL REPUBLIC: PROSPERITY
IV. FROM PRINCIPLES TO CONSTITUTIONAL NORMS: THE LAW OF FOREIGN RELATIONS
B. The status of international law in domestic law
Treaties and Customary Law
DO CONSTITUTIONS HAVE A POINT? REFLECTIONS ON “PARCHMENT BARRIERS” AND PREAMBLES
I. INTRODUCTION: WHY WRITE DOWN CONSTITUTIONAL UNDERSTANDING?
II. THE (A)LEGAL STATUS OF CONSTITUTIONAL PREAMBLES
III. RELATIONSHIPS BETWEEN A CONSTITUTION’S ENDS AND CONSTITUTIONALLY AUTHORIZED MEANS
IV. THE “NONLEGAL” FUNCTIONS OF CONSTITUTIONAL PREAMBLES: DELINEATING THE NATION
V. CONCLUSION: UNITY, MULTIPLICITY, AND PREAMBLES
THE ORIGINS OF AN INDEPENDENT JUDICIARY IN NEW YORK, 1621–1777*
II. THE DUTCH PERIOD, 1621–1664
A. Charter of the Dutch West India Company of 1621
B. Charter of Freedoms and Exemptions of 1629
III. THE DUCAL PROPRIETARY PERIOD, 1664–1685
A. Grant of the Province of Maine of 1663/64 25
B. Grant of the Province of Maine of 1674
C. Charter of Liberties and Privileges of 1683
IV. THE ROYAL PERIOD, 1685–1776
A. Charter of Liberties and Privileges of 1691
B. Persistent threats to judicial independence
V. NEW YORK CONSTITUTION OF 1777
FOOT VOTING, POLITICAL IGNORANCE, AND CONSTITUTIONAL DESIGN*
II. THE LOGIC OF RATIONAL POLITICAL IGNORANCE
A. Low levels of political knowledge
B. Illogical use of knowledge22
C. Information shortcuts31
III. FOOT VOTING VERSUS BALLOT BOX VOTING
A. Information acquisition
C. The role of interjurisdictional competition
D. Implications for group migration
E. The problem of moving costs
IV. THE POWER OF FOOT VOTING UNDER ADVERSE CONDITIONS: AFRICAN AMERICANS IN THE JIM CROW ERA SOUTH
A. Southern black migration during the Jim Crow era
B. Information acquisition by southern black migrants
C. Effective use of knowledge
D. Comparison with contemporary southern white ballot box voters
V. FOOT VOTING IN THE PRIVATE SECTOR
VI. IMPLICATIONS FOR CONSTITUTIONAL DESIGN
PLURALIST CONSTITUTIONALISM
II. CONSTITUTIONAL DIVERSITY
III. PLURALISM AS A BASIS FOR CONSTITUTIONALISM
IV. PLURALIST CONSTITUTIONALISM
A. The minimum conditions of public order
DELIBERATIVE DEMOCRACY AND CONSTITUTIONS
II. FOUR DEMOCRATIC THEORIES
III. THE TRILEMMA OF DEMOCRATIC REFORM
IV. IDEAL THEORY AND SECOND BEST
V. REALIZING CORE PRINCIPLES
VI. SEQUENTIAL STRATEGIES
A. Convention—Deliberative Microcosm—Referendum
B. Deliberative Microcosm—Convention—Referendum
THE CONSTITUTION OF NONDOMINATION*
II. NONDOMINATION, DISPERSION OF ECONOMIC POWER, AND FREE ENTRY
III. MANIPULABILITY, COMPOSSIBILITY, AND DOMINATION
IV. PLURALITY OF SUPPLIERS AS A STRUCTURAL FEATURE OF A FREE MARKET
B. The structural argument
CAN WE DESIGN AN OPTIMAL CONSTITUTION? OF STRUCTURAL AMBIGUITY AND RIGHTS CLARITY*
II. THE THREE FUNDAMENTAL CONSTITUTIONAL INQUIRIES
B. The institutions of government
C. The protection of individual rights
III. LOCKEAN VERSUS PROGRESSIVE VISIONS
V. CONSTITUTIONAL SAFEGUARDS
VI. INDIVIDUAL RIGHTS AND LIBERTIES