Differences Between the Democratic and Republican Views of the Constitution

Las Vegas Lawyers Chapter

Speaker: 

• Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory & Director, Georgetown Center for the Constitution

Speaker: 

• Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory & Director, Georgetown Center for the Constitution

Conservatives and libertarians today tend to agree that the Constitution should be interpreted according to
its original meaning. But there is still a divide among Federalist Society members on the proper role of
judges in enforcing this meaning. Some "judicial conservatives" still maintain that judges should generally
defer to Congress. In contrast, those who advocate "judicial engagement" think courts play a more
important role in enforcing the meaning of the text.

In this talk, Georgetown Law Professor Randy Barnett explains how one's view of the judicial role depends
on one's view of popular sovereignty. He will discuss the thesis of his upcoming book, "Our Republican
Constitution: Securing the Sovereignty of the People" that distinguishes between Democratic vs. the
Republican views of the Constitution. While the Democratic Constitution takes a collective view of "We the
People" as a group, the Republican Constitution holds an individualist view of "We the People."