I gratefully acknowledge permission to reprint the following
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
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):
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.