Democracy—its aspirations, its dangers—is what, most fundamentally, our Constitution is about. The question, Richard Parker argues in this powerful book, is how to imagine our democracy. Provocative in style and substance, this manifesto challenges orthodoxies of constitutional legal studies, particularly the idea that constitutionalism and populist democracy stand opposed. Parker presents a populist argument. He contends that the mission of constitutional law should be to promote, not limit, the expression of ordinary political energy—thus to extend, rather than constrain, majority rule.

At the root of the matter, Parker finds a question of “sensibility”—assumptions and attitudes about the political energy of ordinary people. He approaches this sensibility in a novel way, through a work of fiction about politics, Thomas Mann’s Mario and the Magician. Offering two “takes” on the story, Parker shows how it evokes—and elucidates—our deepest, most problematic attitudes about popular political energy in our own democracy. He goes on to elaborate these attitudes within our practice of constitutional argument. This is a book about the people, and for the people, a reimagination of constitutional law’s populist potential. It will disorient—then reorient—the thinking of everyone who is concerned about democracy and the Constitution.

Economists have long counseled reliance on markets rather than on government to decide a wide range of questions, in part because allocation through voting can give rise to a "tyranny of the majority." Markets, by contrast, are believed to make products available to suit any individual, regardless of what others want. But the argument is not generally correct. In markets, you can't always get what you want. This book explores why this is so and its consequences for consumers with atypical preferences.

When fixed costs are substantial, markets provide only products desired by large concentrations of people. As a result, people are better off in their capacity as consumers when more fellow consumers share their product preferences. Small groups of consumers with less prevalent tastes, such as blacks, Hispanics, people with rare diseases, and people living in remote areas, find less satisfaction in markets. In some cases, an actual tyranny of the majority occurs in product markets. A single product can suit one group or another. If one group is larger, the product is targeted to the larger group, making them better off and others worse off.

The book illustrates these phenomena with evidence from a variety of industries such as restaurants, air travel, pharmaceuticals, and the media, including radio broadcasting, newspapers, television, bookstores, libraries, and the Internet.