Solving the Problem of Democracy

South Africa's Crisis of Constitutional Democracy: Can the U.S. Constitution Help?, Robert A. Licht and Bertus de Villiers, eds. (Washington, DC: American Enterprise Institute, 1994), 180–200; reprinted in Democracy and the Constitution: Landmarks of Contemporary Political Thought (AEI Press, 2006).


Some years ago, before an audience of federal judges and law professors, I said that there probably was not a law school in the United States that did not offer a course in constitutional law, or many that did not make it a part of the required curriculum, but that, so far as I knew, none had a course on the Constitution itself. With a few conspicuous exceptions, the same was true of political science departments. There, as in the law schools, professors focused on the decisions handed down by the courts, mainly by the Supreme Court of the United States, differing from their law school colleagues only in their reasons for doing so.

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