Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-nmvwc Total loading time: 0 Render date: 2024-06-14T22:42:02.389Z Has data issue: false hasContentIssue false

4 - Cognate Rights and Democratic Citizenship

from Part I - The Framers’ Democratic First Amendment

Published online by Cambridge University Press:  28 May 2020

Ashutosh Bhagwat
Affiliation:
University of California at Davis School of Law
Get access

Summary

Chapter 4 ties the themes of the first three chapters together and develops a theory of how the rights discussed in those chapters operate together to advance a particular form of active, participatory citizenship championed in the early Republic by the Republican Party of Thomas Jefferson and James Madison. The chapter’s first key point is that the rights of the Democratic First Amendment are distinct but, to use the Supreme Court’s word, “cognate.” They operate together and share a common purpose of advancing democratic self-governance. In particular, these rights are generally most effective and most important when exercised in tandem, such as through speech and petitions advanced jointly by associations. Second, these rights together were meant to create a new form of democratic citizenship. In particular, during the great battles of the 1790s between the Federalist and Republican parties, especially over the Democratic Republican Societies, the Republicans came to appreciate why the principle of popular sovereignty that drove the American Revolution necessitated a wholly new and more active role for citizens vis-à-vis their elected officials than the more hierarchical and passive model championed by the Federalists, and how the First Amendment supported that model.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×