I gratefully acknowledge permission to reprint the following chapters.
Chapter 1, "Constitutionalism and the American Founding," previously appeared in The Framing and Ratification of the Constitution, edited by Leonard W. Levy and Dennis J. Mahoney, © 1987 Macmillan. Reprinted by permission of the editor.
Chapter 2, "Constitutional Realism in the Gilded Age," originally appeared as "The Constitution in the Gilded Age: The Beginnings of Constitutional Realism in American Scholarship" in the American Journal of Legal History 13 (1969): 110-25. Reprinted by permission of the publisher.
Chapter 3, "The Critique of Constitutionalism in the Progressive Era," originally appeared as "The Realist Critique of Constitutionalism in the Era of Reform" in the American Journal of Legal History 15 (1971): 288-306. Reprinted by permission of the publisher.
Chapter 4, "Andrew C. McLaughlin and the Defense of Constitutionalism," originally appeared as "In Retrospect: Andrew C. McLaughlin and Liberal Democracy: Scientific History in Support of the Best Regime" in Reviews in American History 19 (1991): 445-61. Reprinted by permission of the Johns Hopkins University Press.
Chapter 5, "Changing Conceptions of Constitutionalism in the Era of World War II and the Cold War," previously appeared in the Journal of American History 59 (Dec. 1972): 640-69. Reprinted by permission of the publisher.
Chapter 6, "The New Left Attack on Constitutionalism," originally appeared as "New Left Reverberations in the Academy: The Antipluralist Critique of Constitutionalism" in the Review of Politics 36, no. 2 (Apr. 1974): 265-83. Reprinted by permission of the publisher.
Chapter 7, "Bureaucracy and Constitutionalism," originally appeared as "Constitutionalism and Bureaucracy in the 1980s: Some Bi- centennial Reflections" in News for Teachers of Political Science (1984): 16-19.
Chapter 8, "Constitutional and Legal History in the 1980s: Reflections on American Constitutionalism," previously appeared in Benchmark 4 (1990): 243-64. Reprinted by permission of the Center for Judicial Studies.
Chapter 9, "History, Theory, and the Constitution," previously appeared in Constitutional Commentary 11, no. 1 (Winter 1994): 45-64. Reprinted by permission of the publisher.
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British Library Cataloguing in Publication Information Available
Library of Congress Cataloging-in-Publication Data
A living constitution or fundamental law? : American constitutionalism in historical perspective / Herman Belz.
Includes bibliographical references and index. ISBN 0-8476-8642-6 (cloth
: alk. paper).
ISBN 0-8476-8643-4 (pbk. : alk. paper)
1. Constitutional history United States. I. Title. KF4541.B44
342.73'029 dc21 98-11843
Printed in the United States of America
© ™ The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences Permanence of Paper for Printed Library Materials, ANSI Z39.48 1984.