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Republicanism and the Constitution of Opportunity
Balkin, Jack M.
Balkin, Jack M.
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Abstract
In arguing for an "Anti-Oligarchy Constitution" and a "Constitution of Opportunity," Joseph Fishkin and William Forbath face a recurring problem: What does the Constitution have to do with their argument? They emphasize that public officials have a duty to promote an inclusive and broad-based middle class because this will help preserve democratic self government. But why is this a constitutional obligation? The theory of living originalism can help articulate the constitutional basis of their project. The purpose of this essay is to show how a commitment to a republican political economy follows from the constitutional text and from basic constitutional commitments to republican government.