Our Republican Structure: Securing the Liberty and Sovereignty of We the Folks

A concise historical past of the lengthy wrestle between two essentially opposing constitutional traditions, from one of many nation’s main constitutional students—a manifesto for renewing our constitutional republic.

The Structure of the USA begins with the phrases: “We the Folks.” However from the earliest days of the American republic, there have been two competing notions of “the Folks,” which result in two very completely different visions of the Structure.

Those that view “We the Folks” collectively assume in style sovereignty resides within the individuals as a bunch, which leads them to favor a “democratic” structure that permits the “will of the individuals” to be expressed by majority rule. In distinction, those that assume in style sovereignty resides within the individuals as people contend {that a} “republican” structure is required to safe the pre-existing inalienable rights of “We the Folks,” every one, in opposition to abuses by the bulk.

In Our Republican Structure, famend authorized scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, resulting in the adoption of a brand new and progressive “republican” structure; and the way the wrestle over slavery led to its completion by a newly fashioned Republican Social gathering. But quickly thereafter, progressive lecturers and activists urged the courts to remake our Republican Structure right into a democratic one by ignoring key passes of its textual content. Ultimately, the courts complied.

Drawing from his deep data of constitutional legislation and historical past, in addition to his expertise litigating on behalf of medical marijuana and in opposition to Obamacare, Barnett explains why “We the Folks” would tremendously profit from the renewal of our Republican Structure, and the way this may be achieved within the courts and the political enviornment.