The Legal Theory Bookworm recommends Our Republican Constitution: Securing the Liberty and Sovereignty of We the People by Randy E. Barnett. Here is a description:
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic.
The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution.
Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority.
In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied.
Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
And from the reviews and readers:
“You don’t have to be in agreement with Randy Barnett to respect his scholarship, enjoy his writing, and learn from his arguments. But–trigger warning!– after reading this book, I predict you’ll find yourself more persuaded than you expected to be of the urgent case for reclaiming our Republican Constitution.” (William Kristol, Editor, The Weekly Standard)
Randy Barnett is one of the country’s most important and creative constitutional thinkers. In Our Republican Constitution he revives and restates the natural rights tradition in American constitutional thought, explaining why our system of government is based on respect for the individual sovereignty of each and every one of us. (Jack M. Balkin, Yale Law School)
“Our Republican Constitution is simultaneously intellectually rigorous and a real page-turner, filled with dramatic anecdotes that illustrate Barnett’s powerful and provocative argument that routine deference to elected legislators is the wrong way to interpret the Constitution or create a rich and flourishing society.” (Reason.com)
“Georgetown law professor Randy Barnett is a rarity in academia. He is not only one of the most important constitutional scholars of our time, but a brilliant advocate for the restoration of our republic by embracing the Constitution and defending individual sovereignty. This is a very important book for constitutional conservatives and all Americans who love liberty and country.”—Mark R. Levin, lawyer, radio host, and author of Plunder and Deceit and The Liberty Amendments
“You don’t have to be in agreement with Randy Barnett to respect his scholarship, enjoy his writing, and learn from his arguments. But—trigger warning!—after reading this book, I predict you’ll find yourself more persuaded than you expected to be of the urgent case for reclaiming our Republican Constitution.”—William Kristol, editor of The Weekly Standard
“Randy Barnett is one of the country’s most important and creative constitutional thinkers. In Our Republican Constitution, he revives and restates the natural rights tradition in American constitutional thought for our time, explaining why our system of government is based on the primacy of rights and respect for the individual sovereignty of each and every one of us.”—Jack M. Balkin, Yale Law School
“Randy Barnett has given us the book that will help every American develop a greater understanding of the Constitution. But Barnett does so much more than help us recall our constitutional heritage and the power of the courts to protect the rights of the people; he also points to a path forward for constitutional conservatives. This is essential reading for anyone interested in the future of our Constitution, from one of the most insightful constitutional scholars and political philosophers of his generation, and one of the leaders in our shared effort to restore the Constitution’s commitment to individual liberty.”—MIKE LEE, U.S. SENATOR FOR UTAH