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The Fiction of “We the People”: Is the Constitution Binding on Us?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explains why the consent of the governed cannot justify a duty to obey the laws. The Constitution begins with the statement, “We the People of the United States...do ordain and establish ... More


Why Care What the Constitution Says?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the ... More


Structure and Relationship: The Constitutional Dimensions of Federal and Tribal Power in Indian Country

N. Bruce Duthu

in Shadow Nations: Tribal Sovereignty and the Limits of Legal Pluralism

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199735860
eISBN:
9780199344994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199735860.003.0006
Subject:
Political Science, American Politics

In the modern era, the constitutional challenge for policymakers, lawmakers and academics is to articulate a vision for tribal sovereignty that avoids the imperialist impulses of past eras while ... More


What Confers Political Legitimacy in a Modern Society?

Martin Wight

in International Relations and Political Philosophy

Published in print:
2022
Published Online:
December 2021
ISBN:
9780198848219
eISBN:
9780191882777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198848219.003.0020
Subject:
Political Science, International Relations and Politics

In this essay Wight considered several sources of legitimacy for a modern Western society. A well-functioning state bureaucracy is a necessity. Popular consultation involving the consent of the ... More


On the Paradox of Deliberative Democracy

Alessandro Ferrara

in Legitimation by Constitution: A Dialogue on Political Liberalism

Published in print:
2021
Published Online:
March 2022
ISBN:
9780192855121
eISBN:
9780191945250
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192855121.003.0003
Subject:
Law, Constitutional and Administrative Law

In order to meet the challenges presented by Michelman’s ‘paradox of deliberative democracy’, this chapter discusses his ‘judgment view’ by combining a distinction between ideas of a people qua ... More


‘Always Under Law?’

Frank I. Michelman

in Legitimation by Constitution: A Dialogue on Political Liberalism

Published in print:
2021
Published Online:
March 2022
ISBN:
9780192855121
eISBN:
9780191945250
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192855121.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter assembles materials from Michelman’s publications of the period 1995–2000 addressing what he called there the ‘judgment view’ of democratic constitutional lawmaking—his proposition that ... More


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