“Populism” as a political phenomenon has returned to public attention, but its implications for public law, and in particular constitutional law, remain poorly understood. This review-essay uses the monograph What is Populism? by Jan-Werner Müller to examine the salience of populism as a distinctive modality of political claim-making to U.S. constitutional law. To that end, I contrast Müller’s definition of populism with alternative accounts, and suggest reasons why constitutional scholars should employ Müller’s. Leveraging that definition, I develop a series of tensions between populism and the observed tenets of liberal constitutional democracy under law in the United States.
Aziz Z. Huq, "The People Against the Constitution" (2017). Public Law and Legal Theory Working Papers, no. 628.