Legal conservatives periodically call for judicial decisions based on an interpretation of the Constitution that accords with the "original intent" of those who wrote and ratified it. That's a vexed matter, as Stanford University historian Rakove (The Beginnings of National Politics) shows in this nuanced reconstruction of constitutional debates. First, he explores the difficulty of even divining the understanding of the framers. He goes on to explore James Madison's vital theorizing about federalism, the compromises involved in granting states equal Senate seats and counting slaves in the population, the concept of the Presidency and the adoption of the Bill of Rights. Rakove suggests that the country's political future-whether oriented toward the statehouses or the national capital-depends less on the framers and their constitutional language than on the actions of the American people in the framework that has been created. Moreover, he warns that even Madison's contemporary appeal to originalism was hardly a posture of neutrality. This detailed book will appeal most to students and scholars. (Apr.)
What did the U.S. Constitution originally mean, and how can we recover the intentions of its framers? These questions, which resound throughout today's most heated legal and political controversies, lie at the heart of Jack N. Rakove's splendidly readable work of historical analysis. In Original Meanings, he traces the complex weave of ideology and interests from which the Constitution emerged and shows how Americans have attached different meanings to their founding document from the moment it was published.
Original Meanings examines the classic issues that the framers of the Constitution had to solve: federalism, representation, executive power, individual rights, and the idea that the Constitution itself should become supreme law. Rakove pays particular attention to James Madison, the Constitution's presiding genius, whose brilliance shaped the document's framing, ratification, and amendment. The result is a major work of reinterpretation that should be read by every student of American history, law, and politics.
What did the U.S. Constitution originally mean, and how can we recover the intentions of its framers? These questions, which resound throughout today's most heated legal and political controversies, lie at the heart of Jack N. Rakove's splendidly readable work of historical analysis. In Original Meanings, he traces the complex weave of ideology and interests from which the Constitution emerged and shows how Americans have attached different meanings to their founding document from the moment it was published.
Original Meanings examines the classic issues that the framers of the Constitution had to solve: federalism, representation, executive power, individual rights, and the idea that the Constitution itself should become supreme law. Rakove pays particular attention to James Madison, the Constitution's presiding genius, whose brilliance shaped the document's framing, ratification, and amendment. The result is a major work of reinterpretation that should be read by every student of American history, law, and politics.
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Product Details
BN ID: | 2940169807707 |
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Publisher: | Blackstone Audio, Inc. |
Publication date: | 12/01/2010 |
Edition description: | Unabridged |