Wednesday, January 30, 2013
Original Meanings
I have just read "Original Meanings: Politics and Ideas in the Making of the Constitution" for a previous class so my pre-read of this book has already been done. However I think the title is very indicative of some Rakove's goal for this book. It implies that there is more than a single possible interpretation of the Constitution. The second part of the title seems to also express some struggle intellectually that might (we all know there was) have occurred in the process so to speak, in the writing of the Constitution. Thoughts?
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8 comments:
Good starting observation--one should clearly pay special attention to the interaction of politics and ideas in the making of the Constitution.
I am in the middle of reading Original Meanings. I still can't seem to get out of my head the elastic clause and while some of the Founders and Framers may have intended on the Constitution to be strictly "interpreted," many including Jefferson did not once becoming President. From what I gather (so far) from Rakove's thesis is that the motley crew of delegates at the Convention had their own interpretations and thoughts on how the new government should be organized and run; therefore the question I have is who's "original meaning" (probably Madison's) is what scholars and theorists are seeking to find in the Constitution's original intent?
I apologize- I meant "whose?"
Katie--look at the distinction between "intent" and "understanding." Then look at how he defines "original meanings" and why he puts it in the plural. The question then becomes how important was Madison's thinking. And, actually, the chapter on Madison and the origins of originalism (I can't remember the title of the chapter offhand and don't have it in front of me, but you can look it up) will be helpful.
OK thank you. That helps.
What are everyone's thoughts about the search for originalism in a document that codified its own changes (via Article V)? Does the amendment process lessen the power of "original interpretations?"
Michael, interesting thought--why would Article V lessen the power of originalism?
I can see two scenarios with Article V:
1. In one instance the writers of a future amendment try to keep an original meaning in mind when constructing the amendment. This amendment refines a process of government, such as succession of the president.
2. However, at what point does the collection of amendments create a new document that perhaps the "original" framers did not intend, such as the direct election of senators.
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