Abstract
Introduction - Popular Constitutionalism 1. In Substance, and in Principle, the Same as It Was Heretofore: The Customary Constitution 2. A Rule Obligatory Upon Every Department: The Origins of Judicial Review 3. The Power under the Constitution Will Always Be in the People: The Making of the Constitution 4. Courts, as Well as Other Departments, Are Bound by That Instrument: Accepting Judicial Review 5. What Every True Republican Ought to Depend On: Rejecting Judicial Supremacy 6. Notwithstanding This Abstract View: The Changing Context of Constitutional Law 7. To Preserve the Constitution, as a Perpetual Bond of Union: The Lessons of Experience 8. A Layman's Document, Not a Lawyer's Contract: The Continuing Struggle for Popular Constitutionalism 9. As An American: Popular Constitutionalism, Circa 2004 Epilogue - Judicial Review Without Judicial Supremacy
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