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Legitimacy and history : self-government in American constitutional theory by Paul W. Kahn is a nonfiction available to read on EtoBox.

What is Legitimacy and history : self-government in American constitutional theory about?

This powerfully conceptualized book is both a rich intellectual history of two hundred years of American constitutional theory and an original philosophical inquiry into the possibility of self-government. Legitimate government in the United States means self-government. Yet Americans also believe that their government must be constrained by a Constitution that is now two hundred years old. Paul W. Kahn sees the development of constitutional theory as a continuous effort to resolve this conflict between self-government and history. Rejecting the conventional idea that constitutional thought has been shaped by political and social events, Kahn argues that the history of constitutionalism has been driven by logic, not experience. He brings this perspective to the familiar events of constitutional history, including the founding, the crisis of __Dred Scott__, Lincoln's Gettysburg Address, the rise of the __Lochner__ Court, the assault of legal realism, and the rise of the countermajoritarian difficulty. Kahn describes a series of conceptual stages in constitutional history. He shows that the founders' project of constitutional construction was displaced by originalism, which was in tu

Who reads Legitimacy and history : self-government in American constitutional theory?

Author

Paul W. Kahn

Publisher

Yale University Press

Published

2022

Language

EN

ISBN

9780300159530

Category

nonfiction

Subjects

History, American Studies, Humanities