Original Meanings: Politics and Ideas in the Making of the Constitution [NOOK Book]

Overview

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 ...
See more details below
Original Meanings: Politics and Ideas in the Making of the Constitution

Available on NOOK devices and apps  
  • NOOK Devices
  • NOOK HD/HD+ Tablet
  • NOOK
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK Study
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook)
$13.99
BN.com price

Overview

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.

From the Trade Paperback edition.

Read More Show Less

Editorial Reviews

Publishers Weekly - Publisher's Weekly
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.)
Library Journal
Surveys of Americans consistently reveal the troubling irony that we know very little about the document we profess to revere so highly: the U.S. Constitution. If more books like this nuanced, lucid work were written and read, perhaps this long-standing trend would begin to reverse itself. Rakove, editor of Interpreting the Constitiution: The Debate over Original Intent (Northeastern Univ., 1990), has made a significant and lasting contribution to the scholarship surrounding the adoption of the Constitution. While this persuasive treatment of the ideological and political background of the Constitution will appeal primarily to scholars in the field, the public would be well served by reading this book, particularly since so many appeals and debates are conducted on the meaning of the Constitution. Rakove convincingly shows that while the Constitution's meaning is not always self-evident and that simple and simple-minded appeals to "original intent" should be rejected, neither is the meaning of our foundational political and legal instrument beyond our understanding. Of especial note is Rakove's scrutiny of James Madison. This work ranks with well-known works by Bernard Bailyn, Gordon Wood, Bruce Ackerman, and others. Its focus on the importance of language is reason enough for placing it on one's shelf. Highly recommended for all libraries.-Stephen Kent Shaw, Northwest Nazarene Coll., Nampa, Id.
Kirkus Reviews
Rakove (History/Stanford Univ.; The Beginnings of National Politics, 1979, etc.) demonstrates the historical and theoretical complexity of the seemingly simple notion of a "jurisprudence of original intention"—the theory that judges can interpret the Constitution solely by reference to the opinions of its framers.

Since the 1980s, conservative legal scholars (e.g., Robert Bork) have espoused "originalism" in constitutional interpretation. Adding historical perspective to the legal debate, Rakove here dispels the idea that the Founding Fathers were a monolith; by examining the personal roles of the founders, particularly James Madison, who exercised perhaps the most significant influence over the framing of the Constitution, Rakove shows that the framers were a diverse lot, variegated in their view of the polity they had created. Cmpromise was integral to the politics of constitution-making, Rakove shows, and the need to forge a workable document took precedence over theoretical consistency. The survival of slavery was the most notorious, but not the only, matter on which the framers compromised; the very nuances of federalism itself were unaddressed, leaving a theoretical debate that contributed to the Civil War. Rakove seems to suggest that some of the framers (Jefferson, with his contempt for tradition, stands out), forthright as they were in recreating their political union after the failed Articles of Confederation, would be puzzled at our tendency to worship their creation. Rakove appears to contend that the Constitution was intended to be a living document, not a static, once-and-for-all enumeration of all individual rights and federal powers. "How," asks the author rhetorically, "could those who wrote the Constitution possibly understand its meaning better than those who had the experience of observing and participating in its operation?"

A unique contribution to the historical and legal debate surrounding the Constitution.

From the Publisher
"The most thoughtful and careful scholarly analysis to date of the extent to which the framers should control our contemporary understanding of the Constitution."--Stanley N. Katz, American Council of Learned Societies
Read More Show Less

Product Details

  • ISBN-13: 9780307434517
  • Publisher: Knopf Doubleday Publishing Group
  • Publication date: 4/21/2010
  • Series: Vintage
  • Sold by: Random House
  • Format: eBook
  • Pages: 464
  • Sales rank: 270,938
  • File size: 3 MB

Table of Contents

Acknowledgments
Preface
Ch. I The Perils of Originalism 3
Ch. II The Road to Philadelphia 23
Ch. III The Madisonian Moment 35
Ch. IV The Politics of Constitution-Making 57
Ch. V The Concept of Ratification 94
Ch. VI Debating the Constitution 131
Ch. VII Federalism 161
Ch. VIII The Mirror of Representation 203
Ch. IX Creating the Presidency 244
Ch. X Rights 288
Ch. XI Madison and the Origins of Originalism 339
Coda 366
A Note on Sources 369
Notes 371
Index 421
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously
Sort by: Showing 1 Customer Reviews
  • Anonymous

    Posted December 5, 2010

    No text was provided for this review.

Sort by: Showing 1 Customer Reviews

If you find inappropriate content, please report it to Barnes & Noble
Why is this product inappropriate?
Comments (optional)