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.
Date of Authorship for this Version
Balkin, Jack M., "Republicanism and the Constitution of Opportunity" (2016). Faculty Scholarship Series. 5157.