Revolution and Constitutionalism in Britain and the U.S. : Burke and Madison and Their Contemporary Legacies

In Revolution and Constitutionalism in Britain and the U.S.: Burke and Madison and Their Contemporary Legacies, David A. J. Richards offers an investigative comparison of two central figures in late eighteenth-century constitutionalism, Edmund Burke and James Madison, at a time when two great constitutional experiments were in play: the Constitution of the Glorious Revolution of 1688 and the U.S. Constitution of 1787.Richards assesses how much, as liberal Lockean constitutionalists, Burke and Madison shared and yet differed regarding violent revolution, offering three pathbreaking and original contributions about Burke's importance. First, the book defends Burke as a central figure in the development and understanding of liberal constitutionalism; second, it explores the psychology that led to his liberal voice, including Burke's own long-term loving relationship to another man; and third, it shows how Burke's understanding of the political psychology of the violence of “political religions” is an enduring contribution to understanding fascist threats to political liberalism from the eighteenth-century onwards, including the contemporary constitutional crises in the U.S. and U.K. deriving from populist movements.Mixing thorough research with personal experiences, this book will be an invaluable resource to scholars of political science and theory, constitutional law, history, political psychology, and LGBTQ+ issues. Root -1 Cover 1 Root -1 Half Title 2 Root -1 Series Information 4 Root -1 Title Page 6 Root -1 Copyright Page 7 Root -1 Dedication 8 Root -1 Epigraph 9 Root -1 Table of Contents 10 Root -1 Preface: Reasons for Writing This Book 12 Root -1 Acknowledgments 26 Root -1 1 Burke’s Liberal Constitutionalism 30 Root -1 1 Burke’s Liberal Constitutionalism -1 1.1 Real V. Unreal Human Rights 52 Root -1 1 Burke’s Liberal Constitutionalism -1 1.2 Appeal to Experience 61 Root -1 1 Burke’s Liberal Constitutionalism -1 1.3 Political Psychology 65 Root -1 1 Burke’s Liberal Constitutionalism -1 1.3 Political Psychology -1 1.3.1 Shame Vs. Guilt Cultures 66 Root -1 1 Burke’s Liberal Constitutionalism -1 1.3 Political Psychology -1 1.3.2 Burke On the Transition From a Shame to a Guilt Culture: Moral Nihilism 79 Root -1 1 Burke’s Liberal Constitutionalism -1 1.4 Burke’s Political Psychology Today: Hannah Arendt and James Gilligan 95 Root -1 2 The Liberal Constitutionalism of James Madison 98 2.1 Locke’s Political Liberalism 98 Root -1 2 The Liberal Constitutionalism of James Madison -1 2.2 Madison’s Liberal Constitutionalism 104 Root -1 2 The Liberal Constitutionalism of James Madison -1 2.3 Madison On the U.S. Constitution in History 114 Root -1 3 Burke On Violent Revolution and Its Legacy for Madisonian Constitutionalism 130 Root -1 4 Burke On the Political Psychology of Violence in the British Empire: Ireland and India 141 Root -1 5 A Constitution for the Ages?: Constitutionalism in the U.S. and Britain 152 Root -1 5 A Constitution for the Ages?: Constitutionalism in the U.S. and Britain -1 5.1 Written Vs. Unwritten Constitutionalisms 153 Root -1 5 A Constitution for the Ages?: Constitutionalism in the U.S. and Britain -1 5.2 Social Democracy in the U.K. and the U.S. 158 Root -1 5 A Constitution for the Ages?: Constitutionalism in the U.S. and Britain -1 5.3 Beyond Locke On “Property” 161 Root -1 5 A Constitution for the Ages?: Constitutionalism in the U.S. and Britain -1 5.4 Culture Vs. Institutions 167 Root -1 5 A Constitution for the Ages?: Constitutionalism in the U.S. and Britain -1 5.5 The English Civil War and the American Civil War 169 Root -1 5 A Constitution for the Ages?: Constitutionalism in the U.S. and Britain -1 5.6 U.K. Referenda and Brexit 171 Root -1 5 A Constitution for the Ages?: Constitutionalism in the U.S. and Britain -1 5.7 Representation and Parties in the U.K. and the U.S. 173 Root -1 5 A Constitution for the Ages?: Constitutionalism in the U.S. and Britain -1 5.8 The Democratic Objection to Judicial Review in the U.K. and the U.S. 176 Root -1 6 The Common Challenge to the Political Liberalism of British and American Constitutionalism in World War II: Institutional Change and New Challenges, Domestic and International 185 Root -1 7 Patriarchal Religion in U.S. and U.K. Constitutional Law: Originalism as “Political Religion” (Burke) Unmasked 195 Root -1 7 Patriarchal Religion in U.S. and U.K. Constitutional Law: Originalism as “Political Religion” (Burke) Unmasked -1 7.1 New Natural Law in the U.S. Supreme Court 196 Root -1 7 Patriarchal Religion in U.S. and U.K. Constitutional Law: Originalism as “Political Religion” (Burke) Unmasked -1 7.2 New Natural Law in U.K. Politics 214 Root -1 7 Patriarchal Religion in U.S. and U.K. Constitutional Law: Originalism as “Political Religion” (Burke) Unmasked -1 7.3 Populism in the U.S. and the U.K.: How Should Liberal Constitutionalists Respond? 218 Root -1 8 Concluding Reflections On Burke On Liberalism and the Political Psychology of Anti-Liberal Violence 221 Root -1 Bibliography 231 Root -1 Index 249