ABSTRACT
James M. Buchanan's constitutional optimism is embodied in several aspects of his work. In particular it expresses itself in optimism concerning constitutional content, optimism concerning constitutional effectiveness, and optimism concerning 'democratic constitutional religion'. The theories of Buchanan will serve as my paradigm of constitutional optimism while Anthony de Jasay's will form model of constitutional pessimism. Buchanan clearly endorses also an optimism concerning constitutional effectiveness. In short, constitutions matter. They exert a causal influence on the world. The crucial point for Jasay is that beliefs in the legitimacy of democratic decision-making do not amount to taboos that restrict the exertion of power. Quite to the contrary, once the belief in the legitimacy of majoritarian rule takes hold any system of rules seems doomed in Jasay's eyes. Reframing constitutional skepticism as a thesis about the dynamics of constitutional development over the long haul we cannot dismiss it as outrageously off the mark.
