Our Republican Constitution: Securing the Liberty and Sovereignty of We the People

Summary

A concise history of the long struggle between two fundamentally opposing constitutional traditions from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic.

Americans today are deeply divided—politically, ideologically, and culturally. But above all, says one of the nation’s leading constitutional scholars, Randy E. Barnett, we are in fundamental disagreement about the Constitution. From the early days of the American republic, the nature of government has been disputed. The Democrats view “We the People” collec - tively and think popular sovereignty resides in the people as a group. They view the Constitution as a living document and contend that today’s majority should not be governed by the dead hand of past majorities. The Republicans view “We the People” as a collection of individuals. They believe government should not reflect the will of the majority, but rather secure the preexisting rights of each and every person to life, liberty, and the pursuit of happiness. In Our Republican Constitution, Barnett tells the fascinating story of how this conflict arose—and how the debate is far from over. Drawing from his deep knowledge of constitutional law and history—as well as his experience litigating on behalf of medical marijuana and against Obamacare—Barnett explains why “We the People” would benefit greatly from the renewal of our Republican Constitution, and how this can be accomplished in the courts and political arena.