Vol. 81, Issue 3
SYMPOSIUM:
A Symposium on The People Themselves: Popular Constitutionalism and Judicial Review
SYMPOSIUM EDITOR
Daniel W. Hamilton
TABLE OF CONTENTS AND ARTICLE ABSTRACTS
INTRODUCTION
Daniel W. Hamilton
A HISTORIOGRAPHY OF THE PEOPLE THEMSELVES AND POPULAR CONSTITUTIONALISM
Morton J. Horwitz
A DISCRETE AND COSMOPOLITAN MINORITY: THE LOYALISTS, THE ATLANTIC WORLD, AND THE ORIGINS OF JUDICIAL REVIEW
Daniel J. Hulsebosch
IREDELL RECLAIMED: FAREWELL TO SNOWISS’S HISTORY OF JUDICIAL REVIEW
Gerald Leonard
MOBS, MILITIAS, AND MAGISTRATES: POPULAR CONSTITUTIONALISM AND THE WHISKEY REBELLION
Saul Cornell
PRE-REVOLUTIONARY POPULAR CONSTITUTIONALISM AND LARRY KRAMER’S THE PEOPLE THEMSELVES
Richard J. Ross
GIVE “THE PEOPLE” WHAT THEY WANT
Keith E. Whittington
POPULAR CONSTITUTIONALISM, JUDICIAL SUPREMACY, AND THE COMPLETE LINCOLN-DOUGLAS DEBATES
Mark A. Graber
POPULAR CONSTITUTIONALISM IN THE CIVIL WAR: A TRIAL RUN
Daniel W. Hamilton
POPULAR CONSTITUTIONALISM AS POLITICAL LAW
Mark Tushnet
POLITICS, POLICE, PAST AND PRESENT: LARRY KRAMER’S THE PEOPLE THEMSELVES
Christopher Tomlins
PREEMPTING THE PEOPLE: THE JUDICIAL ROLE IN REGULATORY CONCURRENCY AND ITS IMPLICATIONS FOR POPULAR LAWMAKING
Theodore W. Ruger
TOM DELAY: POPULAR CONSTITUTIONALIST?
Neal Devins
POPULAR CONSTITUTIONALISM AS PRESIDENTIAL CONSTITUTIONALISM?
David L. Franklin
CONSTITUTIONAL EDUCATION FOR THE PEOPLE THEMSELVES
Sheldon Nahmod
COMMENT: POPULAR LAW AND THE DOUBTFUL CASE RULE
Frank I. Michelman
KRAMER’S POPULAR CONSTITUTIONALISM: A QUICK NORMATIVE ASSESSMENT
Sarah Harding
KATRINA, THE CONSTITUTION, AND THE LEGAL QUESTION DOCTRINE
Robin West
RESPONSE
Larry Kramer
STUDENT NOTES
“LEWD AND IMMORAL”: NUDE DANCING, SEXUAL EXPRESSION, AND THE FIRST AMENDMENT
Kevin Case
THE USES OF HISTORY IN THE SUPREME COURT’S TAKINGS CLAUSE JURISPRUDENCE
Jonathan Lahn