The Second Republican Revival

K. Sabeel Rahman and Ganesh Sitaraman 

As questions of economic inequality have taken center stage in American politics, there has been a growing interest among public law scholars in questions of power, institutional design, inequality, and political economy. Scholars like Zephyr Teachout, Larry Lessig, Yasmin Dawood, and others have used concepts like domination and corruption to diagnose problems of oligarchy, inequality, and the failures of our campaign finance system. Professors Joey Fishkin and Willy Forbath, for example,


have explored the concepts of domination and power throughout American constitutional history as a way to conceptualize disparities of both economic and political power and the role of law in redressing those disparities. Meanwhile, scholars like Kate Andrias and Daryl Levinson have taken a functional approach to power, showing how partisanship and wealth subvert the Madisonian constitutional structure. Both of us have engaged in these debates as well, excavating the concept of domination in debates over economic inequality and regulation and arguing that economic power undermines prominent theories of how the Constitution works. We have both also argued (here and here) that economic and political democracy is essential in order to maintain our constitutional system. While encompassing a range of projects, subfields, and approaches, we view this emerging literature as, in part, constituting a second Republican Revival. Continue reading