As-If-Republican Interpretation, 97 Yale Law Journal 1673 (1988)
I agree with Cass Sunstein that the time has come to develop the implications of republicanism, or "neo-republicanism," for American public law. After all, if being a republican means having a commitment to some version of democratic self-governance, combined with an aspiration for collective decisionmaking that goes beyond the mere aggregation of individual preference into some vector of "public" decisions, most of us can easily view ourselves as republicans. The crucial question has to do with the concrete meaning of republicanism for American public law and public institutions.
Date of Authorship for this Version
Mashaw, Jerry L., "As-If-Republican Interpretation" (1988). Faculty Scholarship Series. Paper 1145.