Lepore on the Constitution

Check out Jill Lepore’s recent New Yorker essay on the Constitution.   It is sweeping in scope and does a good job of explaining the history or “originalism.”  You may remember that Gordon Wood recently criticized Lepore’s The Whites of Their Eyes for being too cavalier in writing off originalism.  Interesting.

Here is just a small taste of Lepore’s lengthy essay:

Find It in the Constitution,” the Tea Party rally signs read. Forty-four hundred words and “God” is not one of them, as Benjamin Rush complained to John Adams, hoping for an emendation: “Perhaps an acknowledgement might be made of his goodness or of his providence in the proposed amendments.” It was not. “White” isn’t in the Constitution, but Senator Stephen Douglas, of Illinois, was still sure that the federal government was “made by white men, for the benefit of white men and their posterity forever.” What about black men? “They are not included, and were not intended to be included,” the Supreme Court ruled, in 1857. Railroads, slavery, banks, women, free markets, privacy, health care, wiretapping: not there. “There is nothing in the United States Constitution that gives the Congress, the President, or the Supreme Court the right to declare that white and colored children must attend the same public schools,” Senator James Eastland, of Mississippi, said, after Brown v. Board of Education. “Have You Ever Seen the Words Forced Busing in the Constitution?” read a sign carried in Boston in 1975. “Where in the Constitution is the separation of church and state?” Christine O’Donnell asked Chris Coons during a debate in October. When Coons quoted the First Amendment, O’Donnell was flabbergasted: “That’s in the First Amendment?” Left-wing bloggers slapped their thighs; Coons won the election in a landslide. But the phrase “separation of church and state” really isn’t in the Constitution or in any of the amendments.

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