James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic, Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of time and which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lays out a substantive conception of the public interest that emphasizes the power of institutions to shape our political, economic, and civic lives. Elkin argues that his theory should guide us toward building a commercial republic that is rooted in a politics of the public interest and the self-interest of the middle class. He then recommends specific reforms to create this kind of republic, asserting that Americans today can still have the lives a commercial republic is intended to promote: lives with real opportunities for economic prosperity, republican political self-government, and individual liberty.

In The Fourth Branch: Reconstructing the Administrative State for the Commercial Republic Brian J. Cook confronts head-on the accumulating derangements in the American constitutional system and how the administrative state has contributed to the problems, how it has been a key force in addressing the troubles, and how it can be reformed to serve the system better. The Fourth Branch is anchored in a powerful theory of regime design that guides a freshly comprehensive account of the historical development of successive political economies and administrative states in the United States and provides the normative grounding for more far-reaching constitutional change. Cook calls for a decisive, pattern-breaking response in the form of a constitutional redesign to accommodate a fourth branch, an administrative branch. The Fourth Branch shows that the creation of a fourth administrative branch is consistent with the history and traditions of American constitutionalism. Far more than that, however, the addition of a fourth branch could enhance American constitutionalism by making the separation of powers work better, increasing the likelihood that deliberative lawmaking will occur, strengthening civic capacity and public engagement in governance, and improving both accountability and coordination in the administrative state. By stressing that the administrative state in its current form is both biased toward business and seriously undermined by subordination to the three constitutional branches, Cook contends that neither abandoning the administrative state nor more deeply constitutionalizing or democratizing it within the existing constitutional structure is sufficient to fully legitimate and capitalize on administrative power to serve the public interest. Rather, Cook argues that it is imperative to confront the reality that a fundamental reordering of constitutional arrangements is necessary if the American commercial republic is to recover from its growing disorder and progress further toward its aspirations of liberal justice and limited but vigorous self-rule.

Situated between two different constitutional traditions, those of the United Kingdom and the United States, Canada has maintained a distinctive third way: federal, parliamentary, and flexible. Yet in recent years it seems that Canadian constitutional culture has been moving increasingly in an American direction. Through the prorogation crises of 2008 and 2009, its senate reform proposals, and the appointment process for Supreme Court judges, Stephen Harper’s Conservative government has repeatedly shown a tendency to push Canada further into the US constitutional orbit. Red, White, and Kind of Blue? is a comparative legal analysis of this creeping Americanization, as well as a probing examination of the costs and benefits that come with it. Comparing British, Canadian, and American constitutional traditions, David Schneiderman offers a critical perspective on the Americanization of Canadian constitutional practice and a timely warning about its unexamined consequences.

In this signal work of history, Bancroft Prize winner and Pulitzer Prize finalist Lizabeth Cohen shows how the pursuit of prosperity after World War II fueled our pervasive consumer mentality and transformed American life. Trumpeted as a means to promote the general welfare, mass consumption quickly outgrew its economic objectives and became synonymous with patriotism, social equality, and the American Dream. Material goods came to embody the promise of America, and the power of consumers to purchase everything from vacuum cleaners to convertibles gave rise to the power of citizens to purchase political influence and effect social change. Yet despite undeniable successes and unprecedented affluence, mass consumption also fostered economic inequality and the fracturing of society along gender, class, and racial lines. In charting the complex legacy of our “Consumers’ Republic” Lizabeth Cohen has written a bold, encompassing, and profoundly influential book.

A New Introduction to American Constitutionalism is the first truly interdisciplinary study of the American constitutional regime. Mark A. Graber explores the fundamental elements of the American constitutional order with particular emphasis on how constitutionalism in the United States is a form of politics and not a means of subordinating politics to law.

Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.

The aftermath of Hurricane Katrina laid bare the tragedy of American cities. What the storm revealed about the social conditions in New Orleans shocked many Americans. Even more shocking is how widespread these conditions are throughout much of urban America. Plagued by ineffectual and inegalitarian governance, acute social problems such as extreme poverty, and social and economic injustice, many American cities suffer a fate similar to that of New Orleans before and after the hurricane. Gentrification and corporate redevelopment schemes merely distract from this disturbing reality. Compounding this tragedy is a failure in urban analysis and scholarship. Little has been offered in the way of solving urban America's problems, and much of what has been proposed or practiced remains profoundly misguided, in David Imbroscio's view. In Urban America Reconsidered, he offers a timely response. He urges a reconsideration of the two reigning orthodoxies in urban studies: regime theory, which provides an understanding of governance in cities, and liberal expansionism, which advocates regional policies linking cities to surrounding suburbs. Declaring both approaches to be insufficient—and sometimes harmful—Imbroscio illuminates another path for urban America: remaking city economies via an array of local economic alternative development strategies (or LEADS). Notable LEADS include efforts to build community-based development institutions, worker-owned firms, publicly controlled businesses, and webs of interdependent entrepreneurial enterprises. Equally notable is the innovative use of urban development tools to generate indigenous, stable, and balanced growth in local economies. Urban America Reconsidered makes a strong case for the LEADS approach for constructing progressive urban regimes and addressing America's deepest urban problems.