Kevin Gutzman

Kevin R. C. Gutzman is professor of history at Western Connecticut State University. Professor Gutzman is the author of the recently released James Madison and the Making of America; and Virginia’s American Revolution: From Dominion to Republic, 1776-1840. Professor Gutzman's first book was the New York Times best-seller The Politically Incorrect Guide to the Constitution. More of his writings can be accessed at KevinGutzman.com

Sanford Levinson’s New Constitutional Settlement

Framed

Sanford Levinson here sets himself the task of examining not what he calls the “Constitution of Conversation,” but what he terms the “Constitution of Settlement.”  He notes that many people devote barrels of ink to proposing meanings that they hope to see imputed to a few clauses of the Constitution:  the Commerce Clause, the Necessary and Proper Clause, the General Welfare Clause, the Equal Protection Clause, and the Due Process Clauses.  These clauses and a few others make up Levinson’s “Constitution of Conversation.” On the other hand, virtually no attention is paid to clauses such as the Inauguration Clause or the…

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