Republicanism: A Source of Balance and Vigor.
Levin's Fourth Constitutional Framework: Political.
Today, I will discuss Levin’s fourth constitutional framework: Political. If you missed any of the first three, you can find them here: Legal, Policy, and Institutional. He says the political framework is the most capacious of all the frameworks, and it refers to politics in its highest sense, “not as a contest for power but as the common life of a community.”
The political framework is formed by the preamble of the Constitution and the Declaration of Independence, which “helps us understand the system’s aims.” These documents' ambitions lay out the democratic spirit of the Constitution, as “it assumes power is ultimately rooted in the people.”
They describe the goods our government seeks to provide to its society, which are presumably the preconditions for the thriving of that society. And they remind us to think about our system of government not only in negative terms (in terms of what it protects us from and commits not to do to us) but also, and more so, in positive terms (in terms of what it offers us, demands from us and commits to secure for us). Our constitutional debates often jump too quickly to the limits of our government, but the Constitution did not only limit the legislative, executive, and judicial institutions of our government–– it first created them.
The Constitution empowers citizens to protect their rights and meet their needs for union, justice, domestic tranquility, the common defense, the general welfare, and security for the blessings of liberty. The Constitution gives us both positive and negative levers to accomplish this goal.
The Constitution seeks to balance the rule of the majority through representation while protecting the rights and freedoms of the minority. It does this with a diffusion of power across the entire society. Levin explains:
That combination points to another political premise of the Constitution, which runs deep in America’s cultural identity. Rather than placing the ultimate power of decision in any one place or portion of society–– with elites or the public, legislators or judges, the national government or the states or localities–– the Constitution establishes a politics in which no one is in charge and, therefore, in some sense, everyone is in charge. This requires our political culture to be a culture of negotiation and accommodation and also makes our civic culture inclined toward self-help and independent-mindedness.
Balancing authority and responsibilities across society empowers citizens to act for themselves and each other to build, grow, protect, and maintain our rights while supporting our needs.
Another essential element of the political framework, republicanism, pulls together the tension between democracy and liberalism. Levin explains the deeper meaning of republicanism.
At its heart is an idea of the human being and citizen that emphasizes our responsibilities to one another and to the common good. It counterbalances the democratic ethos because it values not just what we each want but what is good for all of us. It counterbalances the liberal ethos because it values not just rights but obligations. Such republicanism is the deepest political wellspring of the Constitution, but it has been largely lost to us.
Understanding the Constitution as a political framework will help us see the “complicated and contradictory ambitions of our system of government.” Levin says that our road to renewal must be paved by rediscovering the meaning of republicanism from our constitution.
As citizens seek to govern themselves, we must embrace the creative tension as “a source of vigor and balance.” The political framework of republicanism empowers us to govern ourselves; it makes us “a government of the people, by the people, for the people.” And if we “shall not perish from the earth,” we must embrace our constitutional republicanism.
Thank you for reading. The next Constitutional framework of Levin’s I will discuss is unity. Make sure to subscribe so you don’t miss out! And if you believe we need constitutional renewal and a movement for congressional reform, consider becoming a paid subscriber for $10 per month.
Peace & Love,
Jeff Mayhugh