The Anti-Oligarchy Constitution
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The Anti-Oligarchy Constitution
Oligarchy is a threat to the republic. Joseph Fishkin and William Forbath show that, for most of US history, Americans saw the Constitution as responding to that threat by imposing on legislators a duty to break up oligarchy, block corporate political power, and ensure a broad distribution of wealth and political power among ordinary Americans.
"Eminently readable, and anybody who cares about the future of American democracy in these perilous times can only hope that it will be widely read and carefully considered."
-James Pope, Washington Post
"Fishkin and Forbath's accessible work serves as both history lesson and political playbook, offering the Left an underutilized—and perhaps counterintuitive—tool in the present-day fight against social and economic injustice: the Constitution."
-Benjamin Morse, Jacobin
"Aims to recover the Constitution's pivotal role in shaping claims of justice and equality…in engaging, imaginative prose that makes even the present court's capture by the ideological right a compelling platform for a revived social-democratic constitutional politics."
-New Republic
Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the "republican form of government" the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as this revolutionary retelling of constitutional history shows, a commitment to prevent oligarchy once stood at the centre of a robust tradition in American political and constitutional thought.
Joseph Fishkin and William Forbath demonstrate that reformers, legislators, and even judges working in this "democracy-of-opportunity" tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to battle for the constitutional right to form a union.
But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.
Book Details
INFORMATION
ISBN: 9780674295544
Publisher: Harvard University Press
Format: Paperback / softback
Date Published: 01 May 2024
Country: United States
Imprint: Harvard University Press
Audience: Tertiary education
DIMENSIONS
Width: 156.0mm
Height: 235.0mm
Weight: 250g
Pages: 640
About the Author
Joseph Fishkin is Professor of Law at the University of California, Los Angeles. He spent a decade at the University of Texas at Austin, where he was the Marrs McLean Professor in Law. He is the author of Bottlenecks: A New Theory of Equal Opportunity. William E. Forbath holds the Lloyd M. Bentsen Chair in Law and is Associate Dean for Research at the University of Texas at Austin. He is the author of Law and the Shaping of the American Labor Movement.
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