Original Intent and the Framers' Constitution

Original Intent and the Framers' Constitution
Author: Leonard Williams Levy
Publisher: Rowman & Littlefield
Total Pages: 544
Release: 2000
Genre: Constitutional history
ISBN: 1566633125

For years a debate has raged between those who would follow the intentions of the Founding Fathers and those who would continuously reinterpret the Constitution.

Negotiating the Constitution

Negotiating the Constitution
Author: Joseph M. Lynch
Publisher: Cornell University Press
Total Pages: 340
Release: 2005
Genre: History
ISBN: 9780801472718

No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document--focusing on James Madison's changing views--as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.

Original Intentions

Original Intentions
Author: Melvin Eustace Bradford
Publisher:
Total Pages: 165
Release: 1993
Genre: Law
ISBN: 9780820315218

This persuasively argued, decidedly partisan work aims to recover the original United States Constitution by describing its genesis, ratification, and mandate from the perspectives of its original framers. Openly challenging contemporary orthodoxy, M. E. Bradford employs principles of legal, historical, rhetorical, and dramatic analysis to reveal a Constitution notably short on abstract principles and modest in any goal beyond limiting the powers of the government it authorizes. From the beginning of Original Intentions, two sharply divergent convictions about the Constitution emerge. Bradford, arguing from a nomocratic viewpoint, regards the Constitution as an essentially procedural text created expressly to detail how the government may preside over itself not its people. He decries the currently predominant teleologic view, which is based upon the "principles" embodied by the Constitution, and holds that the document was designed to achieve a certain kind of society. By this view, he says, our fundamental laws have been blanketed by a heavy layer of ad hoc solutions to problems they were never intended to address, and then further obscured by the melioristic meddlings of judges, legislators, lawyers, scholars, and journalists. Bradford first shows that the Constitutional convention of 1787 was an enterprise guided by the delegates' hesitancy to impose a higher order over their local, practical, and vastly differing interests. Though all the states would ratify the Constitution, he says, each would interpret it in unique ways. Bradford underscores the dearth of lofty idealism among the original framers by detailing British influences on their political ethos. British common law, on which the framers heavily relied, evolved from a tradition of deliberate responses to practical needs and circumstances, not deductions from abstract utopian designs. In light of these factors, Bradford examines the ratification debates of Massachusetts, South Carolina, and North Carolina - three states that together exemplified the vast range of interests to be accommodated by the Constitution. Next Bradford highlights classic teleologic distortions. Discussing religion and the first amendment, he establishes a pervasive commitment to Christianity among the framers and challenges our notions about the separation of church and state. Warning against anachronistic readings of the Constitution, Bradford also analyzes the rhetoric of the framers to reinforce our awareness of their desire for a government that would contain their multiplicities, not seek to resolve them. In a reading of the Reconstruction amendments (thirteen, fourteen, and fifteen) Bradford argues that they had only a modest impact on the Constitution's original design. By the misconstruction of these amendments, however, the Constitution has been transformed into "a purpose oriented blank check for redesigning American society." In a final chapter Bradford critiques Mortimer Adler's We Hold These Truths and repudiates any broad connection between the Constitution and the Declaration of Independence. Before the Constitution is irreparably damaged, Bradford says, we must realize that it was not the best that the framers could invent but the best that their constituencies would approve. Debates related to normative issues should be settled not within the Constitution but within society, away from the coercive forces of law and politics - or else by amendment.

The Hollow Core of Constitutional Theory

The Hollow Core of Constitutional Theory
Author: Donald L. Drakeman
Publisher: Cambridge University Press
Total Pages: 247
Release: 2021-04-08
Genre: History
ISBN: 1108485286

The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.

Original Meanings

Original Meanings
Author: Jack N. Rakove
Publisher: Vintage
Total Pages: 464
Release: 2010-04-21
Genre: Political Science
ISBN: 0307434516

From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.

Original Intent and the Constitution

Original Intent and the Constitution
Author: Gregory Bassham
Publisher: Rowman & Littlefield Publishers
Total Pages: 254
Release: 1992
Genre: Law
ISBN:

'Writing with admirable lucidity and disposing a wide knowledge of technical questions in philosophy as well as of legal theory and constitutional history, Bassham competently distinguishes the quite distinct ideas that go, or could go, under the name of originalism.' -s CANADIAN PHILOSOPHICAL REVIEWS

Interpreting the Constitution

Interpreting the Constitution
Author: Jack N. Rakove
Publisher:
Total Pages: 378
Release: 1990
Genre: History
ISBN:

A variety of views that survey the debate over the extent to which the intentions of the Constitution's framers should be used in contemporary adjudication.

The Original Compromise

The Original Compromise
Author: David Robertson
Publisher: Oxford University Press, USA
Total Pages: 343
Release: 2013-01-17
Genre: History
ISBN: 0199796297

What were the Founding Fathers really thinking when they gathered in the Pennsylvania State House to draft the United States Constitution? This book explores this question and more. Organized thematically, each chapter covers a crucial Constitutional issue: the respective roles of the executive, the judiciary, and the legislature; the balance between the federal government and the states; slavery; and war and peace.