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Book Review



Stephen L. Elkin, Reconstructing the Commercial Republic: Constitutional Design after Madison, Chicago: University of Chicago Press, 2006. Pp. xiii + 413. $35.00 (ISBN 0-226-20134-1).

The question of how best to combine the political form of a republic with the economic form of a commercial society has fascinated Anglo-American thinkers since the colonial period. In the seventeenth century, the godly commonwealths of New England grappled with the consequences of material success for salvation; further south, the mid-Atlantic colonies established representative assemblies while also engaging in the unsavory innovation of bringing chattel slavery to the American mainland. Throughout this long history, Americans have worked to construct a constitution-centered political theory capable of embracing the twin strands of republicanism and commerce that have been so central to their experience.

     In Reconstructing the Commercial Republic, Stephen L. Elkin takes up this story of commonwealth and commerce. Elkin describes his project as setting out "a theory of political constitution" (251). The specific constitution that Elkin has in mind is that of the "commercial republic," which he defines as "a popular limited self-government married to an economic system marked by a significant measure of private ownership" (xi). Since its articulation by James Madison, Elkin argues, the constitutional basis of the commercial republic has weakened. With this book, he aims to shore up both the commercial republic itself and the habits of political thought that will support it.

     As the title of the book suggests, Elkin's account contains both descriptive and normative components. Elkin identifies six fundaments of Madison's theory of the commercial republic, including "institutions designed to prevent factions—particularly majority factions—from controlling government"; institutions that encourage "deliberative ways of lawmaking"; and, finally, "a social basis for the regime," meaning "men of standing and property whose self-interest overlaps with the public interest, and who might be induced to take a large view of their interests, thus increasing the overlap" (21).

     Elkin then shifts to a normative posture to consider the modern American republic. The analysis gains momentum at this point, as Elkin's critique of the current political regime dovetails with his analysis of the shortcomings of Madisonian theory. Taken together, he argues, the two lines of interpretation suggest that the twenty-first-century republic is faltering. The chief failing of Madison's vision of the republic, Elkin asserts, was its lack of "a considered discussion of public-spiritedness" (65). In his view, this absence of a robust conception of the public interest afflicts the modern republic by impairing the people's ability to place limits on government. A substantive notion of the public interest might, Elkin contends, act as just the type of limitation that is vital to a successful republic. Without such limits, the current political regime runs the risk of descending into the type of factional rule that so worried Madison.

     Elkin follows his call for a strengthened public interest with a description of the type of constitution most conducive to that interest. The features of this regime include an enhanced role for the legislature (and a concomitant decrease in courts' influence); reliance on institutions as transmitters of the renewed constitutional politics; and an emphasis on local politics as Tocquevillian incubators of public-spiritedness. These are familiar planks of the republican platform. Elkin's account diverges from the communitarian or social-democratic mold, however, in the emphasis that it places on class interest. The holders of large-scale productive assets must be politically accommodated, while their interests must be broadened to overlap with the interests of the public at large. The middle class, meanwhile, must serve as "a kind of pivot" between other classes, thereby becoming the "ruling stratum" of the fully realized commercial republic (228, 90).

     Throughout the book, Elkin presents a largely harmonious image of commerce and republicanism, with the commercial "engine . . . helping to realize the Ôrepublican' part" of the regime (294). But is this picture too tidy? Scholars such as Drew McCoy and Gordon Wood have emphasized the tension between classical republican thought and the emerging commercial worldview of the eighteenth century, and the struggles of thinkers like Madison, Thomas Jefferson, and Alexander Hamilton as they worked through the puzzles of forming the federal republic. This anxiety is largely absent from Elkin's account, however. Instead, Elkin presents the founding generation as having already and uncontroversially settled the question of how commerce would fit into their republic. Where they fell short, he argues, was in bequeathing their descendants a fully fleshed-out concept of the public interest. This depiction may overlook the vast diversity of views on the subject of commerce and republican theory, unduly flattening the historical background that is so important to Elkin's normative project.

     To be sure, a fresh burst of public spiritedness would be a welcome antidote to contemporary cynicism about and detachment from meaningful political life. In many of its specific proposals in this regard, and in its updating of the potential meaning of republicanism to include the hard edge of commerce, Elkin's account is compelling.

 

Alison L. LaCroix
University of Chicago Law School


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