Constituent Moments

Since the American Revolution, there has been broad cultural consensus that “the people” are the only legitimate ground of public authority in the United States. For just as long, there has been disagreement over who the people are and how they should be represented or institutionally embodied. In Constituent Moments, Jason Frank explores this dilemma of authorization: the grounding of democratic legitimacy in an elusive notion of the people. Frank argues that the people are not a coherent or sanctioned collective. Instead, the people exist as an effect of successful claims to speak on their behalf; the power to speak in their name can be vindicated only retrospectively. The people, and democratic politics more broadly, emerge from the dynamic tension between popular politics and representation. They spring from what Frank calls “constituent moments,” moments when claims to speak in the people’s name are politically felicitous, even though those making such claims break from established rules and procedures for representing popular voice. Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.

Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.

From the French Revolution onwards, constituent power has been a key concept for thinking about the principle of popular power, and how it should be realised through the state and its institutions. Tracing the history of constituent power across five key moments - the French Revolution, nineteenth-century French politics, the Weimar Republic, post-WWII constitutionalism, and political philosophy in the 1960s - Lucia Rubinelli reconstructs and examines the history of the principle. She argues that, at any given time, constituent power offered an alternative understanding of the power of the people to those offered by ideas of sovereignty. Constituent Power: A History also examines how, in turn, these competing understandings of popular power resulted in different institutional structures and reflects on why contemporary political thought is so prone to conflating constituent power with sovereignty.

Political Liberalism and the Rise of American Romanticism explores how American Romanticism developed in response to pervasive conflicts over democracy's moral dimensions in the early republic and antebellum eras. By recovering the long-under-examined tradition of political liberalism for literary studies, it traces how US writers reacted to ongoing moral and political conflict by engaging with liberal thinkers and ideas as they endeavored to understand how individuals beholden to a divergent array of moral convictions might nevertheless share a stable and just political world—the very dilemma at the core of political liberalism. This study demonstrates how those philosophical engagements sparked Romanticism's rise and eventual flourishing as US writers increasingly embraced Romantic literary modes emphasizing the imagination's capacity for creative synthesis and the role it plays in shoring up the habits of mind and feeling that are vital to a meaningful democratic culture. It offers revisionary readings of works by Charles Brockden Brown, Robert Montgomery Bird, James Fenimore Cooper, Harriet Beecher Stowe, Frederick Douglass, and Nathaniel Hawthorne to show how these Romantic writers were preoccupied with how individuals come to embrace their deepest convictions and what happens when they encounter others who see the world differently.

Postmodernity's Musical Pasts considers music after 1945 as a representation of concepts such as "historicity" and "temporality". The volume understands postmodernity as a period in which both modernism and postmodernism co-exist. It is attracted to a wider interpretation of "historicity" that focuses on the complex nexus of past-present-future. "Historicity" is understood as leaning closely on "temporality", generally thought of as the linear progression of past, present and future. The volume broadens the absolutist understanding of temporality to include processes which can occur in circular, spiral, transcending and other formations. The book covers an extensive spectrum of topics from classical to popular and neo-traditional musics to concerns of the disciplines of musicology. Such a wide range of topics from both the centre and the periphery of the musicological canon mirrors the eclectic and diverse nature of the postwar era itself. The first section investigates how to understand manifestations of the past in musical composition with regard to time, on the one hand, and with regard to genre, style and idiom, on the other. A second section shows how time and history manifest themselves in art music. A third section takes the contrasts and transitional moments of post-1945 practices further by looking at the temporality of reception from different angles. A final part investigates questions of nostalgia and temporalities of belonging. TINA FR HAUF is Adjunct Assistant Professor at Columbia University, New York and serves on the faculty of The Graduate Center, CUNY. CONTRIBUTORS: Michael Arnold, Susana Asensio Llamas, Georg Burgstaller, Caitlin Carlos, Daniela Fugellie, Tina Fr hauf, John Koslovsky, Lawrence Kramer, Beate Kutschke, Laurenz L tteken, Max Noubel, Joshua S. Walden

An Economist Best Book of the Year How India’s Constitution came into being and instituted democracy after independence from British rule. Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge. Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect. More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.

The new wave of populism that has emerged over the last five years in Europe and in the US urgently needs to be better understood in a comparative and historical context. Using Italy – including the experiment of a self-styled populist coalition government – as a case study, this book investigates how populists in power borrow, use and manipulate categories of constitutional theory and instruments of constitutional law. Giuseppe Martinico goes beyond treating constitutionalism and populism as purely antithetical to dive deeply into the impact of populism on the activity of some instruments of constitutional democracy, endeavoring to explore their role as possible fora of populist claims and targets of populist attacks. Most importantly, he points to ways in which constitutional democracies can channel populist claims without jeopardizing the legacy of post-World War II constitutionalism. This book is aimed at academics and practicing lawyers interested in populism and comparative constitutional law.