!1: Now is the time Original Meanings: Politics and Ideas in the Making of the Constitution Order Today!
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Sep 08, 2010 12:38:23
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.
!1: Best Buy Rakove is one of the most eminent scholars of the Founding, as well as a self proclaimed Madisonian. The thoroughness, and writing style is excellent to be sure. One of the concerns I seem to have is the tendency to use the plethora of information in a way distinctly different than that in which Madison conveyed the ideas.
An example is the mention of William Findley expressing an irony that the Dissent of the Pennsylvania Minority was used by Madison as 'good authority for the true sense of the Constitution'.* It suggests that the Pennsylvania Dissent was the exegesis. In contrast it seems Madison was recounting the numerous objections to the Constitution that the burgeoning call for the Bill of Rights had evoked. In examining the Debates on the Constitution it seems a consistent concern existed as the possible expansion of the National Powers in the Constitution. The Preamble to the Bill of Rights seems to reinforce this idea,
The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."
Apparently the States had certain apprehensions to a ' misconstruction', or misinterpretation. To that end Madison ushered the Bill of Rights through the First Session of the First Congress. Recent scholarship by Kurt Lash of Loyola details this rather succinctly. As does the work by Labunski in his book James Madison and the Struggle for the Bill of Rights. Professor Lash notes Madison's claim that the Ninth Amendment was 'as guarding against a latitude of interpretation' is missing from Original Meanings. What I find odd is that it is missing, yet in the work Rakove edited, The Madison Writings it is there in total. This is in Madison's speech opposing the Bank Bill.
Drew McCoy in the 'Last of the Fathers' often expressed the Madisonian idea that examining the history of the times was far more valuable than an interpretive methodology.** To that end Madison stressed from one point forward, that the Ratifying Conventions were the source of the Constitution powers. In rather explicit and implicit terms the Conventions seem to at least convey stern warning as to what the Ratifiers did not wish the Constitution to mean. Assuaging those who had apprehensions was a legitimate desire on Madison's part, for by that effort he would take passive acceptance of some and bring them to a deeper confidence of the nascent republic. Rakove posed an additional objection here as well, mentioning the ratifying Conventions were difficult to access. Madison by the testimony of Fisher Ames and others had diligently collected this from newspapers and, letters to others, so I wonder of this claim, in addition the resolutions accompanying the Ratifying Conventions were pretty explicit as to what they were not accepting.***
The scholarship the Coda the depth are admirable, but there are still a few questions out there.
* Original Meanings page 360
** Last of the Fathers 133
*** Debate on the Constitution part two 536 574
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