Howard Schweber is Associate Professor of Political Science at the University of Wisconsin, Madison. He is the author of The Creation of American Common Law, 1850–1880 and Speech, Conduct, and the First Amendment, as well as book chapters and articles in journals such as Law and History Review, Law and Society Review and Studies in American Political Development.

• 1. The search for sovereignty: law, language, and the beginning of modern constitutionalism; 2. Consent how?: challenges to Lockean constitutionalism; 3. Constitutional language and the possibility of binding commitments; 4. Consent to what? Exclusivity and completeness in constitutional and legal language; 5. The question of substance: morality, law, and constitutional legitimacy; 6. Conclusion: the defense of constitutional language.

Howard Schweber is Associate Professor of Political Science at the University of Wisconsin, Madison. He is the author of The Creation of American Common Law, 1850–1880 and Speech, Conduct, and the First Amendment, as well as book chapters and articles in journals such as Law and History Review, Law and Society Review and Studies in American Political Development.

• 1. The search for sovereignty: law, language, and the beginning of modern constitutionalism; 2. Consent how?: challenges to Lockean constitutionalism; 3. Constitutional language and the possibility of binding commitments; 4. Consent to what? Exclusivity and completeness in constitutional and legal language; 5. The question of substance: morality, law, and constitutional legitimacy; 6. Conclusion: the defense of constitutional language.

Howard Schweber is Associate Professor of Political Science at the University of Wisconsin, Madison. He is the author of The Creation of American Common Law, 1850–1880 and Speech, Conduct, and the First Amendment, as well as book chapters and articles in journals such as Law and History Review, Law and Society Review and Studies in American Political Development.

• 1. The search for sovereignty: law, language, and the beginning of modern constitutionalism; 2. Consent how?: challenges to Lockean constitutionalism; 3. Constitutional language and the possibility of binding commitments; 4. Consent to what? Exclusivity and completeness in constitutional and legal language; 5. The question of substance: morality, law, and constitutional legitimacy; 6. Conclusion: the defense of constitutional language.