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The Second Creation
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning...
Madison’s Hand
Winner of the Bancroft Prize Winner of the James Bradford Best Biography Prize, Society for Historians of the Early American Republic Finalist, Literary Award for Nonfiction, Library of Virginia Finalist, George Washington Prize James Madison’s Notes on the 1787 Constitutional Convention have acquired nearly unquestioned authority as the description of the U.S. Constitution’s creation. No document provides a more complete record of the deliberations in Philadelphia or depicts the Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with such narrative force. But how reliable is this account? “[A] superb study of the Constitutional Convention as selectiv...
Against Constitutional Originalism
A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority Constitutional originalism stakes law to history. The theory's core tenet--that the U.S. Constitution should be interpreted according to its original meaning--has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists' use and abuse of history has never been more urgent. In this comprehensive...
The Cycles of Constitutional Time
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and ...
Political Thought and the Origins of the American Presidency
How the American executive office was constructed in the Constitution and implemented by the first presidents This volume examines the political ideas behind the construction of the presidency in the U.S. Constitution, as well as how these ideas were implemented by the nation's early presidents. The framers of the Constitution disagreed about the scope of the new executive role they were creating, and this volume reveals the ways the duties and power of the office developed contrary to many expectations. Here, leading scholars of the early republic examine principles from European thought and culture that were key to establishing the conceptual language and institutional parameters for the A...
American States of Nature
American States of Nature transforms our understanding of the American Revolution and the early makings of the Constitution. The journey to an independent United States generated important arguments about the existing condition of Americans, in which rival interpretations of the term "state of nature" played a crucial role. "State of nature" typically implied a pre-political condition and was often invoked in support of individual rights to property and self-defense and the right to exit or to form a political state. It could connote either a paradise, a baseline condition of virtue and health, or a hell on earth. This mutable phrase was well-known in Europe and its empires. In the British c...
Equity and Law
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Originalism as Faith
Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.
The Spiritual Danger of Donald Trump
What should Christians think about Donald Trump? His policies, his style, his personal life? Thirty evangelical Christians (listed below) wrestle with these tough questions. They are Republicans, Democrats, and Independents. They don't all agree, but they seek to let Christ be the Lord of their political views. They seek to apply biblical standards to difficult debates about our current political situation. Vast numbers of white evangelicals enthusiastically support Donald Trump. Do biblical standards on truth, justice, life, freedom, and personal integrity warrant or challenge that support? How does that support of President Trump affect the image of Christianity in the larger culture? Arou...
