Looks at the difficulties of constitutional democracy. This book examines such fundamental questions as: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence?

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

"In the face of emergency, war, and globalization, even the most enduring and successful constitution in history still confronts the possibility of constitutional failure. Focusing on this central theme, the authoritative essays contained in this book offer cogent arguments, a range of subjects, and a genuine diversity of opinion."—Harvey Mansfield, Harvard University

"In the face of emergency, war, and globalization, even the most enduring and successful constitution in history still confronts the possibility of constitutional failure. Focusing on this central theme, the authoritative essays contained in this book offer cogent arguments, a range of subjects, and a genuine diversity of opinion."—Harvey Mansfield, Harvard University"Provocative and insightful, these essays offer a badly needed tutorial on how to think about the fate of constitutional democracy in the twenty-first century. The volume as a whole demonstrates that the best friends of constitutionalism are those who are unafraid to explore its limits."—Bryan Garsten, Yale University"In this book, some of our most subtle thinkers about the constitutional order discuss its fundamental aspects. These challenging and provocative essays should lead us to think more deeply about problems of constitutionalism in a twenty-first century world of seemingly permanent war and emergency, executive power, religious conflict, and globalization."—Mark Tushnet, Harvard Law School"I cannot remember reading another collection of essays that is so strong and compelling. There could hardly be a more important topic than the limits of constitutional democracy in this day and age, and I found every single essay extremely interesting."—Sanford Levinson, University of Texas Law School"This unique collection—of original, thoughtful, and stimulating essays by many of the country's top constitutional scholars—looks into the nature of constitutional democracy and its capacity to achieve benign ends. The essays provide illuminating and provocative answers and reflect a wide variety of views on the meaning of constitutional success and failure."—Donald P. Kommers, Notre Dame Law School

In the face of emergency, war, and globalization, even the most enduring and successful constitution in history still confronts the possibility of constitutional failure. Focusing on this central theme, the authoritative essays contained in this book offer cogent arguments, a range of subjects, and a genuine diversity of opinion. -- Harvey Mansfield, Harvard University Provocative and insightful, these essays offer a badly needed tutorial on how to think about the fate of constitutional democracy in the twenty-first century. The volume as a whole demonstrates that the best friends of constitutionalism are those who are unafraid to explore its limits. -- Bryan Garsten, Yale University In this book, some of our most subtle thinkers about the constitutional order discuss its fundamental aspects. These challenging and provocative essays should lead us to think more deeply about problems of constitutionalism in a twenty-first century world of seemingly permanent war and emergency, executive power, religious conflict, and globalization. -- Mark Tushnet, Harvard Law School I cannot remember reading another collection of essays that is so strong and compelling. There could hardly be a more important topic than the limits of constitutional democracy in this day and age, and I found every single essay extremely interesting. -- Sanford Levinson, University of Texas Law School This unique collection--of original, thoughtful, and stimulating essays by many of the country's top constitutional scholars--looks into the nature of constitutional democracy and its capacity to achieve benign ends. The essays provide illuminating and provocative answers and reflect a wide variety of views on the meaning of constitutional success and failure. -- Donald P. Kommers, Notre Dame Law School