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Boston GlobeBruce Ackerman, who teaches at Yale Law School, might be expected to advocate for either the Jeffersonians or their opponents, the Federalists. Instead he dishes blame all around to make the point that the mistakes of 1787 have shaped our politics. He sees American constitutionalism as a work in progress over two centuries. This liberal jurisprudence opposes the originalism of Antonin Scalia and other conservative jurists who insist that the true meanings of a law or decision are simply the literal ones right there in the text if you read them the right (Right?) way. The historical approach favored by Ackerman stresses continual reinterpretation of constitutional articles, legislation, presidential orders, and judicial decisions. Like the landmark Brown v. Board of Education decision that still inspires its practitioners, it needs a lot of detailed history to back up the argument. And that's what we get in The Failure of the Founding Fathers. Fortunately, Ackerman can tell a story as well as score points against originalists...[This is] thought-provoking history.
— David Waldstreicher