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Full-Text Articles in Law

A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner May 1994

A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner

Michigan Law Review

A Review of A Distant Heritage: The Growth of Free Speech in Early America by Larry D. Eldridge


Democratic Credentials, Donald J. Herzog Jan 1994

Democratic Credentials, Donald J. Herzog

Articles

We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …