The limits of constitutional democracy

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 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