Do we really have a representative government at the national or state levels?
What conclusions or observations seem to be called for. Here are a few. First, recall the key role representatives or “fit characters” were to play in our system? Well, forget about that. They should be our first line of defense. Instead, they are a problem. Second, we would do well to devise some safeguards that would control our presidents, not only with regard to their war-making powers but also in those areas where they claim unilateral powers. And don’t be deceived by Professor Yoo about the Founders’ conception of presidential powers. Third, with Professor Birzer (“Westward, the Loss of the Republic”), I am concerned whether we can rightfully be called a republic. As far as I can see, the increasing incapacity of our national government to govern is probably due to the republic being far too extensive with too many divergent interests. In modern times we have never really faced up to one of the questions uppermost in the minds of the Anti-Federalists: How extensive can a republic be and still be a republic? This leads to my final observation by way of addressing Professor Frohnen’s question. We should cut the people some slack. It is highly questionable for reasons I have set forth whether they can exercise sovereign power. This is an additional and weighty reason for questioning whether we are still a republic. It may well be that, upon reflection, what I regarded previously to be our last and best hope is really a lost hope.
