Short Review | A Republic, If You Can Keep It by Neil Gorsuch

“A Republic, If You Can Keep It” by Neil Gorsuch

Neil Gorsuch’s book, “A Republic, If You Can Keep It,” is a blend of memoir, legal analysis, and philosophical musings, providing readers with insights into the mind of one of the U.S. Supreme Court’s more recent justices. I was fortunate to hear the justice speak during a visit to Brigham Young University associated with the book’s release. Though I read parts of it at the time, I only recently finished it when the release of Gorsuch’s second book reawakened my interest (and to be honest, you’d be surprised how many books I begin this way and finish later when similar motivation arises).

I admit that because of his originalist views and precise legal reasoning, I come to the book inclined to enjoy Gorsuch’s arguments. He uses the book to delve into the essence of the American republic, drawing from his extensive career in law, time on the Tenth Circuit, and his opinions during his tenure on the Supreme Court. The title, referencing Benjamin Franklin’s famous quip about the nature of the government established by the Constitution, sets the stage for Gorsuch’s exploration of what it means to maintain a republic.

Gorsuch’s work is not just a legal tome but a collection of speeches, essays, and personal reflections that focus on the U.S. Constitution, its interpretation, and its responsibilities for citizens and jurists. He often discusses themes like the separation of powers, constitutional law, and the art of judging through his own experiences and the historical context of the Constitution’s framers. It’s low-hanging fruit for me.

Gorsuch provides a defense of originalism, the philosophy that the Constitution should be interpreted based on the original understanding at the time it was written, as well as textualism, that the law should be interpreted on the text, not on philosophies of the judges interpreting it. Any judge who likes every decision he issues is doing it wrong. And so Gorsuch reflects on how judges should approach their roles, emphasizing the importance of not legislating from the bench but interpreting the law. His discussions often touch on how judges can balance fidelity to the text and the practical application of the law.

Gorsuch writes clearly and with wit, making complex legal concepts accessible to a broader audience. His prose is engaging, often peppered with anecdotes or historical references that educate and entertain. I saw him speak this last week in conversation with his mentor, retired justice Stephen Bryer, and it was enjoyable to hear their good-natured exchange, even though the two have different legal interpretation philosophies.

For those interested in legal theory, constitutional interpretation, or simply understanding one of the key figures in contemporary American jurisprudence, “A Republic, If You Can Keep It” can be enlightening. I would caution, though, that anyone looking for a deeply critical analysis of current legal issues might find the book somewhat restrained, given Gorsuch’s position and the inherent limitations of his role.

This book is not just a legal commentary but a call to action for all citizens to engage with their nation’s foundational document. Neil Gorsuch’s “A Republic, If You Can Keep It” stands as a testament to his belief in the Constitution’s enduring wisdom while encouraging readers to ponder their role in its preservation. This book offers valuable perspectives for anyone interested in the mechanics of American government, the philosophy of law, or the personal journey of a Supreme Court Justice.

As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution.
 
Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today.

Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic.

A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”