Democratic Theories and the ConstitutionSUNY Press, 1 gen 1984 - 399 pagine Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory--citizenship, political participation, and political freedom--and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both. |
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absolute Afroyim Amendment rights American political apportionment argument balancing basic believed Brandeis citizen citizenship claim Clause Colorado General Assembly Communist Party competitive paradigm concept concurring opinion Congress Constitution constitutionally Court majority Dahl decisions democratic democratic theory demonstrations discussion in ch dissenting opinion Douglas's due process elected electoral process Elfbrandt expatriation Framers Frankfurter and Harlan free speech functional contract theory governmental groups Holmes Hook Ibid ideas important individual rights interpretation involved issue judicial review Justice Black Justice Brennan Justice Douglas Justice Harlan Justices Frankfurter Kalven legislative liberty Madison Meiklejohn Mendoza-Martinez NAACP natural rights theory notes optimalist theory political freedom political participation political process political system political theory popular preferred freedoms doctrine Professor realist theory reapportionment reason regulation self-government Smith Act social scientists society standard statute Supreme Court theory of democracy Tussman United values vote voter Wesberry York Times Co