Within her new book, titled We the People, the historian presents an extensive comprehensive case for the US constitution being a living document, designed for amended with each succeeding era.
A Deep Historical Analysis of Originalism
The author explains that her work serves as “a deep historical criticism of the originalist approach,” the conservative legal theory which currently dominates the highest court. She argues that intense partisan division has made constitutional amendments all but practically impossible.
Within originalists, only the views of the individuals who drafted the document in Philadelphia back in 1787 should serve to divine the document's meaning, even centuries afterward in a nation of automobiles, planes, automatic weapons, AI, entitlements granted to women as well as marginalized groups—issues the framers did not know.
To Lepore, as to many academics, this approach is clearly illogical.
“Originalism represents a weird bucket that contains many variations,” she remarked. “However among the more simplistic interpretations of this theory is the belief that that this how the document was written and was meant to be interpreted from the very beginning.”
Documentary Context and Secrecy
The author points out that the framer’s notes from the Constitutional Convention were not published until 1840, years after his passing. She explains that participants adhered to a 50-year pledge of silence, indicating individuals were not expected to disclose what happened during the convention because it wasn’t intended to matter document understanding.
Likewise, those state assembly debates were not especially definitive, while the Federalist Papers—authored by Madison, Alexander Hamilton, and Jay—were printed mainly in NY publications meaning were not broadly read outside that state. They were rarely cited within the supreme court over a significant period.
Irony and the Conservative Group
The historian highlights a minor but potent irony: Back in 1982, right-wing individuals founded the legal organization, which would become a driving force behind originalist ideology. For their emblem, the group chose James Madison’s profile. But, deeming his real nose unappealing, they altered the image to give him a more refined nose.
“I truly aimed to put that detail in there,” she stated, laughing. “It’s a amusing detail that points toward a certain adaptability within a movement that professes to value original accuracy.”
Exploring the Amendments Project
Lepore also details the work regarding a constitutional database, a resource that provides a searchable collection of each attempt to change the US constitution. As merely 27 amendments have actually been ratified, Lepore views the project as more than an archive of failures but as an exploration of potential change.
Lepore emphasizes how young people lack an awareness of political opportunity, so studying including unsuccessful efforts is energizing and educational.
Historical Personalities and Their Battles
In the volume, the author highlights lesser-known American individuals that fought to achieve constitutional reform. These include John Jones along with his wife, Mary Richardson Jones, both of whom were active within pre-Civil War Black political convention movement across the city.
Lepore argues how concentrating on these individuals—instead of only famous leaders like Douglass—allows readers more easily imagine ordinary people taking part within political processes.
An Living Text Crafted from the Past
Lepore ends by reiterating her perspective regarding the constitution as a living entity—a text created with “historical records and oak trees… sheepskin and goose feathers” but still fully relevant plus capable of evolve.
She expresses optimism that this foundation might still “come again” via coming eras who persist to participate in its modification mechanism.
