Martin Edelman teaches political science at SUNY, Albany and has written numerous articles on American constitutional law and also on the Israeli court systems.

• 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

Martin Edelman teaches political science at SUNY, Albany and has written numerous articles on American constitutional law and also on the Israeli court systems.

• 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

Martin Edelman teaches political science at SUNY, Albany and has written numerous articles on American constitutional law and also on the Israeli court systems.

• 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