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    Republicanism and the Constitution of Opportunity

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    94_Texas_Law_Review_1427__2016_.pdf
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    Author
    Balkin, Jack
    
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    URI
    http://hdl.handle.net/20.500.13051/4695
    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.
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