Rethinking Self-Government : Freedom, Status Quo, and Democracy in the Founding Era

This article develops a narrative on self-government in its cultural origins as well as how it was shaped during the times of the Confederation and at the outset of Federalism in America. The autonomy of people became a founding value for Democracy. The narrative gives an overview of historical events while it dialogues with historiography and primary sources. Looking at text and history with regard to the Founding Era, the authors discuss how the meaning of self-government underwent significant shifts along the political trajectory of the United States of America. It accordingly presents a review of a set of references in Constitutional History. New textualism is considered crucial for addressing the subject since its hermeneutic goals are drawn upon the study of circumstances and language. The relationship between law and society is a key principle of the legal interpretation here. Authors acknowledge the dangers of local self-government which may distort the goals of democracy. The use of the concept of self-government is comprehended from Biopolitics Theory and the reflection on "the care of the self" developed by Michel Foucault. Autonomy and Democracy are considered to be primary constitutional values although the former precedes historically the latter