In A Living Constitution or Fundamental Law?, distinguished scholar Herman Belz considers the concept of constitutionalism as the subject matter of constitutional history. He argues that the study of constitutionalism should be interdisciplinary, requiring the insights and methods of history, political science, and jurisprudence. Belz illuminates the evolution of American constitutionalism across the span of American history, from the Founding to Reconstruction to the Cold War and the rise of the bureaucratic state in the 1980s.
Herman Belz is professor of history at the University of Maryland, College Park. He is the author of The American Constitution: Its Origins and Development, Equality Transformed: A Quarter Century of Affirmative Action, and Emancipation and Equal Rights: Politics and Constitutionalism in the Civil War Era, among other works.
Chapter 1 Introduction: Written Constitutionalism as the American Project Chapter 2 Constitutionalism and the American Founding Chapter 3 Constitutional Realism in the Gilded Age Chapter 4 The Critique of Constitutionalism in the Progressive Era Chapter 5 Andrew C. McLaughlin and the Defense of Constitutionalism Chapter 6 Changing Conceptions of Constitutionalism in the Era of World War II and the Cold War Chapter 7 The New Left Attack on Constitutionalism Chapter 8 Bureaucracy and Constitutionalism Chapter 9 Constitutional and Legal History in the 1980s: Reflections on American Constitutionalism Chapter 10 History, Theory and the Constitution Chapter 11 The Originalist Challenge to the Living Constitution Chapter 12 Index