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Frank I. Michelman, Is the Constitution a Contract for Legitimacy, 8 Rev. Const. Stud. 101 (2003).

Abstract: The author examines whether a state’s constitution has a role to play in determining how a liberal political order fends off the dangers that emerge from disagreements over morally contentious issues of public policy. He asks how a constitution can contribute to governmental respect-worthiness and legal legitimacy, and concludes that the "contractual constitution" theory alone cannot adequately answer the question.