What is "self-rule" and why should we value it?
"Self-rule" is not in itself the first value of government. It is a technique
for realizing the first value of government, which is justice. I think that
the term "self-determination" is more useful than "self-rule", because it has
been better defined.
I do not recall the famous Founders rallying around the concept of justice as the rationale for self-government. That is a more ancient notion; yet its frequency as the basic value of self-government even today has not dominated political discourse. The famous Founders were concerned with liberty or freedom. Moreover, self-rule is more general than "self-determination." The former refers to an individual's autonomy over him or herself, and the collective autonomy in ruling a nation. But I won't quibble over these terms. Liberty, freedom, self-rule, autonomy, self-determination, though of course having different meanings, can be used to refer to the fundamental value in American constitutionalism. If we conclude that "self-determination" is the basic value, we must explore its parameters, and evaluate democracy or republicanism in terms of which promises to better realize the basic value of self-determination. Hence, undemocratic elements in American constitutionalism are justified if they promise to realize the basic value of self-determination better than having no undemocratic elements in our system of government.
Bobby Lipkin
Widener University School of Law
Delaware
