Contents
Preface
Introduction
Constitutional Legitimacy and the Countermajoritarian Problem
Originalism and Constitutional Meaning
The Primacy of Constitutional Change
The Fallacy of Monist Constitutional Adjudication
Metaphysical Realism and Modern Constitutionalism
Constitutional Revolutions
The American Communitarian Republic
An Overview
1 Constitutionalism and Dualist Politics
Ackerman’s Dualism and Postmodern Pragmatism
Law as Integrity and Constitutional Revolutions
Two Conceptions of the Relationship between Fit andJustification
Pragmatism and Law as Integrity
Right Answers in Hard Cases
3 The Theory of Constitutional Revolutions
The Proper Role of Dualism in ConstitutionalJurisprudence
Constitutional Paradigms
The Theory of Constitutional Revolutions
Background Theories of Constitutional Change
The Theory of Judicial Reasoning
4 The Historical Defense of the Theory
The Countermajoritarian Question and the History ofRevolutionary Adjudication
The Formative Revolutions
Contemporary Revolutions
The Conceptual Defense
The Political Defense
Conclusion
Notes
Bibliography
Index