How the West was Won

So I’ve been deep in the bowels of the Georgia Historical Society archives the past week laying the groundwork for a new project on slavery and the law. Of course, as far as bowels go, the Georgia Historical Society is mighty fine, located in wonderful Savannah and adjacent to beautiful Forsyth Park. Repeated trips to Elizabeth’s restore the soul and the body after a long day with the super efficient archivists who continually fed me pamphlets and speeches on slavery and the Constitution, and the Bible, and science, and the progress of civilization.

Of interest to me, although by no means core to my project, is the civilizational confidence both Northern and Southern speakers evinced about their political, social, and cultural orders. It is a confidence, I think, almost absent from any state in the West today.

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Ratifying the U.S. Constitution

The Writing and Ratification of the U.S. Constitution
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This next edition of Liberty Law Talk is a discussion with John Vile about his new book, The Writing and Ratification of the U.S. Constitution: Practical Virtue in Action. Our discussion, chronologically and philosophically, retraces the dramatic story of the Founders’ Constitution. In four parts, we talk about the failing of the Articles of Confederation, the need to reground republican government on constraints and diffusions of power given the governing weaknesses of many state governments, arguments and contests among major and lesser known figures at the Philadelphia Convention, and the often overlooked state ratifying conventions where the Constitution had to prove itself to delegates highly critical of the new powers it assumed.

The Most Dangerous Justice? “Natural right is dynamite”

Recently Justice Clarence Thomas reflected on the American condition and its relation to the Constitution.  He focused far less on specific legal issues and more on the enduring love of country  “we the people” give it.  He described how the founding documents still speak to us today, in particular those lovingly displayed at the National Archives, the site of the public interview conducted by Yale law school professor Akhil Amar.

The coverage in the Washington Post and New York Times emphasized different aspects of the conversation.  The Times probed his views of religious diversity in America and on the Court.

The Post had a more interesting albeit incorrect take, that Thomas had admitted a flaw in the Constitution’s treatment of slavery and race, as though this was news. Thomas allowed that blacks were not perfectly part of “we the people.”  Might this flaw in the Constitution confirm the hypocrisy of the “we hold these truths” of the Declaration? Moreover, the alleged admission might clash with Thomas’s opposition to race-preference policies. Might not then his original understanding approach to jurisprudence be fatally compromised? After all, following Justice Thurgood Marshall, why not begin celebrating the Constitution following the passage of the Reconstruction Amendments?

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Friday Roundup, September 21st