This article argues that after more than two centuries, our system of justice is no longer functioning as intended by its founders. I argue that this breakdown can be ultimately traced to a philosophical dilemma at the heart of American civilization: the assumption that economic self-interest can by itself sustain ethical care for a common good. In treating economic freedom as a moral absolute, the American right has misconstrued the practical purpose of freedom and undermined justice and equality for all. In contrast to the ahistorical claim of libertarians that economic freedom should be treated as a moral value, the goal of the founders of the United States was very concrete: enabling most citizens to get basic economic needs met in peace and security. Free and open elections and a system of checks and balances would motivate the naturally more powerful to manage their own passions in ways that contributed to a common good. By contrast, in unchecked political systems that arose by the struggle for dominance among the powerful few, the de facto rulers lacked any motive to act in ways that were consistent with the interests of the average citizen. As Thrasymachus claims in Plato’s Republic, they habitually wrote laws that benefited themselves at the expense of everyone else.

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