Jefferson, Madison, and the Making of the Constitution

Jefferson, Madison, and the Making of the Constitution
Author: Jeff Broadwater
Publisher: UNC Press Books
Total Pages: 293
Release: 2019-03-27
Genre: History
ISBN: 1469651025

Thomas Jefferson, author of the Declaration of Independence, and James Madison, "Father of the Constitution," were two of the most important Founders of the United States as well as the closest of political allies. Yet historians have often seen a tension between the idealistic rhetoric of the Declaration and the more pedestrian language of the Constitution. Moreover, to some, the adoption of the Constitution represented a repudiation of the democratic values of the Revolution. In this book, Jeff Broadwater explores the evolution of the constitutional thought of these two seminal American figures, from the beginning of the American Revolution through the adoption of the Bill of Rights. In explaining how the two political compatriots could have produced such seemingly dissimilar documents but then come to a common constitutional ground, Broadwater reveals how their collaboration--and their disagreements--influenced the full range of constitutional questions during this early period of the American republic.

Plain, Honest Men

Plain, Honest Men
Author: Richard Beeman
Publisher: Random House Trade Paperbacks
Total Pages: 546
Release: 2010-02-09
Genre: History
ISBN: 0812976843

In May 1787, in an atmosphere of crisis, delegates met in Philadelphia to design a radically new form of government. Distinguished historian Richard Beeman captures as never before the dynamic of the debate and the characters of the men who labored that historic summer. Virtually all of the issues in dispute—the extent of presidential power, the nature of federalism, and, most explosive of all, the role of slavery—have continued to provoke conflict throughout our nation's history. This unprecedented book takes readers behind the scenes to show how the world's most enduring constitution was forged through conflict, compromise, and fragile consensus. As Gouverneur Morris, delegate of Pennsylvania, noted: "While some have boasted it as a work from Heaven, others have given it a less righteous origin. I have many reasons to believe that it is the work of plain, honest men."

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.

The Framers' Coup

The Framers' Coup
Author: Michael J. Klarman
Publisher: Oxford University Press
Total Pages: 881
Release: 2016-09-16
Genre: History
ISBN: 0199942048

Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup narrates how the Framers' clashing interests shaped the Constitution--and American history itself. The Philadelphia convention could easily have been a failure, and the risk of collapse was always present. Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. Simply put, the Constitutional Convention almost didn't happen, and once it happened, it almost failed. And, even after the convention succeeded, the Constitution it produced almost failed to be ratified. Just as importantly, the Constitution was hardly the product of philosophical reflections by brilliant, disinterested statesmen, but rather ordinary interest group politics. Multiple conflicting interests had a say, from creditors and debtors to city dwellers and backwoodsmen. The upper class overwhelmingly supported the Constitution; many working class colonists were more dubious. Slave states and nonslave states had different perspectives on how well the Constitution served their interests. Ultimately, both the Constitution's content and its ratification process raise troubling questions about democratic legitimacy. The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. And in terms of substance, the Constitution was a significant departure from the more democratic state constitutions of the 1770s. Definitive and authoritative, The Framers' Coup explains why the Framers preferred such a constitution and how they managed to persuade the country to adopt it. We have lived with the consequences, both positive and negative, ever since.

Are We to be a Nation?

Are We to be a Nation?
Author: Richard B. Bernstein
Publisher:
Total Pages: 384
Release: 1987
Genre: History
ISBN:

The author retells the entire story of the revolution in political thought that resulted in the republican experiment under the Constitution and Bill of Rights.

Constitution Making Under Occupation

Constitution Making Under Occupation
Author: Andrew Arato
Publisher: Columbia University Press
Total Pages: 376
Release: 2009
Genre: History
ISBN: 0231143028

The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.

The People’s Constitution

The People’s Constitution
Author: John F. Kowal
Publisher: The New Press
Total Pages: 493
Release: 2021-09-21
Genre: Law
ISBN: 1620975629

The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.

Rationing the Constitution

Rationing the Constitution
Author: Andrew Coan
Publisher:
Total Pages: 281
Release: 2019
Genre: Constitutional law
ISBN: 0674986954

The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--

Making a New American Constitution

Making a New American Constitution
Author: George William Van Cleve
Publisher:
Total Pages:
Release: 2020-09-20
Genre:
ISBN: 9781735548906

This is a book about constitutional reform. Today the Constitution is a dangerous threat to Abraham Lincoln's vision of government of the people, by the people, and for the people. It served the United States well during its early years, but has numerous remarkably undemocratic features. And the Constitution has an even graver overarching flaw. It is preventing us from making reforms needed to address the collapse of the middle class and to renew our rapidly decaying social bonds. The Constitution is a massive obstruction to national unity and to our country's survival.Today we are a multicultural, racially diverse, heavily urbanized society. And we are now in danger of being governed permanently by a wealthy oligarchy. Our middle class is headed toward collapse, and our democracy cannot survive its demise. Steadily deteriorating socioeconomic conditions facing millions of poor and middle-class Americans are almost certain to result in a political crisis that may weaken or shatter our union.To avoid such a catastrophe, it will be essential for us to make extensive political, social, and economic reforms based on constitutional changes that will enable all Americans to view their government as truly fair and firmly committed to creating equal life opportunities and justice for everyone, not just for one elite class or dominant race. This book explains why the Constitution is a major obstacle to reform, and what we will need to do to create a resilient democracy. It takes a deep look at the Constitution's undemocratic features, and then explores why the Constitution also makes unworkable piecemeal reforms, such as a constitutional amendment to take money out of politics or a balanced budget amendment. The time to change our government has come. Americans can and must hold a popular convention that can achieve a constitutional grand bargain resolving divisive issues, which will renew republican government and avoid permanent authoritarian rule by a wealthy oligarchy. The book explores how a popular convention can be held, and proposes a series of essential constitutional reforms.

Essays on the Making of the Constitution

Essays on the Making of the Constitution
Author: Leonard Williams Levy
Publisher:
Total Pages: 260
Release: 1969
Genre: Constitutional history
ISBN: 9780196317618

Historians have engaged in a prolonged debate, that perhaps defies resolution, over the making of the Constitution. Were the framers enlightened, disinterested statesmen seeking to rescue a nation then drifting dangerously toward anarchy? Were they conspiratorial representatives of a risingfinancial and industrial capitalism? Was the Constitution primarily an economic or a political document? This collection of essays, by such renowned scholars as Charles Beard, Andrew C. McLaughlin, and John P. Roche, addresses the myriad questions that surround the creation of the principaldocument of the American governmental system. With a revised introduction and conclusion, the second edition is an indispensable and timely tool for courses in American government and constitutional history.