A Republic, If You Can Keep It

Written by Joel D. Henriod

By Joel D. Henriod

At a recent bar event, I shared a meal and good conversation with two members I admire. They hold opposing political views—they would hate each other’s yard signs in election years. But that evening, we talked, laughed, and listened.

There’s plenty to be pessimistic about. The civic goodwill needed to sustain a republic—enough trust to pass laws, enough respect to protect minority rights—feels fragile. But that dinner gave me hope.

When asked what kind of government the Constitutional Convention had created, Benjamin Franklin famously replied: “A republic, if you can keep it.”

That remains the challenge.

A republic isn’t just a structure of government. It’s a way of living with disagreement. It depends on conversations—some patient, some loud, some awkward or even rude. But they must continue. Not just among lawmakers or judges, but among neighbors, colleagues, and citizens.

That habit is fading. Media silos narrow our perspective. Outrage travels faster than nuance. We’re tempted to stop talking across lines—convinced the other side isn’t worth hearing.

But we have no better alternative. Unless one honestly envisions revolution and something else, we are still aboard this ship. And it’s worth keeping.

This republic has never stood still. It isn’t only the Founders’ republic. It’s also Lincoln’s and Frederick Douglass’—and the generation that passed the 13th and 14th Amendments. It’s Susan B. Anthony’s and Ida B. Wells’—and those who secured the 19th. It’s the republic of workers and reformers who fought for safety and preserved our wild lands. Of those who elected FDR four times and built the public works we still use. Of Thurgood Marshall, Dr. King, and the generation that passed the Civil Rights and Voting Rights Acts. Of Ronald Reagan and the generation that restored national confidence, renewed the sense of American possibility, and helped end the Cold War. On and on, the People made choices they deemed right for their time. That’s the freedom a republic allows.

In every age, someone disagreed—and lost the argument, at least for a time. That’s the cost of democracy. But the gain is continuity without collapse, and change—for the most part—without bloodshed.

The People can steer this vessel left or right. In the last hundred years, Americans have chosen eight Democratic presidents and seven Republicans—many in landslides on both sides. That’s no weakness. That’s agility.

Civic bonds alone don’t preserve a republic. But without them, no constitution will. Every respectful relationship is a thread in the national fabric. Every conversation—especially across differences—is an act of preservation.

Bar associations are one of the last places where this still happens. Here, lawyers of all views serve, argue, collaborate, and listen. That’s not incidental. That’s essential.

When the ship of state is a republic, its fuel is collective engagement. It keeps moving only when enough citizens are willing to participate, to argue respectfully, to compromise when needed. The danger comes when we stop—and look longingly for a different kind of ship. One that may be faster, but far less agile and responsive to the People.

So, let’s keep propelling this one forward. Grateful for where it’s taken us. Mindful of how much we’ll need that agility and responsiveness to the People as we enter uncharted waters.

We move it forward, one conversation at a time.

About the author

Joel Henriod is a litigator specializing in appeals at Henriod Stern, practicing in substantive areas ranging from personal injury and product liability to commercial and public-sector disputes involving election law, breach of contract, taxation, eminent domain, and governmental regulation, etc. He serves as CCBA president through 2025.

About the article

This article was originally published in the Communiqué (Aug. 2025), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/about/member-benefits/communique-2025/communique-aug-2025/. The printed magazine will be mailed to CCBA members in the last week of July 2025.

The articles and advertisements appearing in Communiqué magazine do not necessarily reflect the opinion of the CCBA, the CCBA Publications Committee, the editorial board, or the other authors. All legal and other issues discussed are not for the purpose of answering specific legal questions. Attorneys and others are strongly advised to independently research all issues.

© 2025 Clark County Bar Association (CCBA). All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Editorial policy available upon request.

Discover more from Clark County Bar Association

Subscribe now to keep reading and get access to the full archive.

Continue reading