In Our Republican Constitution, leading libertarian legal scholar Randy E. Barnett offers a powerful and thought-provoking exploration of the deep constitutional divide at the heart of America?s political and cultural polarization. Moving beyond surface-level debates between liberals and conservatives, Barnett argues that the true conflict lies in two fundamentally different interpretations of the Constitution and the meaning of ?We the People.?
Tracing the philosophical and legal roots of these opposing views, Barnett distinguishes between the democratic constitution, which sees popular sovereignty as the collective will of the majority and supports a ?living? Constitution that adapts to contemporary views, and the republican constitution, which views sovereignty as resting in each individual and sees the Constitution as a fixed framework designed to protect preexisting natural rights. Through a compelling historical narrative, Barnett examines how the republican vision guided the Founders, shaped the Constitution, and was revitalized during the struggle against slavery and the birth of the Republican Party. He also chronicles how progressive movements and judicial activism gradually shifted America toward a more democratic, majoritarian understanding?often at the expense of individual rights and constitutional limits. Blending legal scholarship with real-world legal experience?including his involvement in high-profile cases on medical marijuana and the Affordable Care Act?Barnett makes a compelling case for restoring the republican conception of the Constitution. Clear, engaging, and deeply informed, Our Republican Constitution challenges readers to rethink their assumptions about the Constitution?s role in American life?and offers a roadmap for reviving the Founders? vision of a government that protects liberty, not merely reflects majority rule.