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Beyond the Republican Revival

Discover Professor Cass Sunstein's influential concept of "liberal republicanism," which bridges Founding era ideas with modern governance challenges. Learn about the four core principles of liberal republicanism and how they can be applied to contemporary legal and political issues, offering a fresh perspective on balancing historical ideals with current needs. https://youtube.com/watch?v=47YColFn_fY

Transcript

Beyond the Republican Revival Cass R. Sunstein Yale Law Journal 1988 The 1980s saw a renewed interest in the ideas and debates of the Founding era. Some people called it a “republican revival,” emphasizing the republican elements in the Constitution and other texts, like the Federalist Papers. But many Founders, like Thomas Jefferson, preferred to prioritize liberal democracy. Modern scholars and judges wanted to interpret the Constitution as written by the Founders. Should they focus on republicanism or liberalism? Which viewpoint provided a better perspective on modern problems? Professor Cass Sunstein wrote a landmark law review article claiming that these two theories didn’t have to be mutually exclusive. In fact, he argued that a fusion of “liberal republicanism” is most true to the Founders, and remains the best approach. He cautioned that the republican revival movement alone was not sufficient for present political needs: For modern republicans, the task is not simply one of excavation. History does not supply conceptions of political life that can be applied mechanically to current problems. Circumstances change; theoretical commitments cannot be wrenched out of context without great risk of distortion. Instead Sunstein argues that the core features of liberal republicanism can be adapted to new circumstances. He identifies four central principles which arise from individual and political freedom, and provide optimal ways of controlling and limiting government power: 1) Deliberation in government. Citizens can and should debate the processes and outcomes of government power. Laws should not be the result of private interest group deals. 2) Equality of political actors. All citizens should have equal access and ability to participate in the political process. 3) Universalism. It is possible for people to deliberate and compromise using practical reason to reach consensus about what’s best for the community. 4) Citizenship. It is vital for people to participate in national and local government, as well as private associations. Professor Sunstein shows how these principles have practical implications for current legal disputes. The republican revival is designed, above all, as a response to understandings that treat governmental outcomes as a kind of interest-group deal, and that downplay the deliberative functions of politics and the social formation of preferences. The basic republican commitments-to political equality, deliberation, universalism, and citizenship-have played a prominent role at central points in American constitutionalism. [...]To carry out these tasks, it will be necessary to go well beyond the republican revival. This article sparked ongoing debates about the meaning and application of republican principles. Is classical republicanism insufficient for the modern era? What implications does this theory have for judicial interpretation of the Constitution?

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