In her thought-provoking new book, We the People, Harvard history professor and New Yorker writer Jill Lepore argues for the US Constitution as a dynamic, evolving document, one that has been amended and should continue to be adapted by each generation. Drawing on historical analysis and her deep understanding of American constitutionalism, Lepore critiques the legal theory of originalism, which has become increasingly influential on the U.S. Supreme Court.
What Is We the People About?
Lepore’s We the People seeks to challenge the conservative legal theory of originalism, which insists that the Constitution should be interpreted based on the intentions of the founders in 1787. Lepore argues that this approach is misguided and fails to account for the complex and changing realities of modern America. Through her book, she provides a compelling case that the Constitution is not a static relic but a living document that has always been subject to the influence and needs of each generation.
Lepore explains that originalism’s strict adherence to the framers’ intentions is “clearly absurd” in a modern world that includes advanced technologies like AI, civil rights for women and minorities, and a far more complex society than what the Founders could have anticipated. In her words, “Originalism is a weird bucket that contains multitudes,” referencing the narrow view that the Constitution’s meaning must remain fixed to the context of its time.
A Deep Historical Critique of Originalism
One of the major themes of We the People is Lepore’s historical critique of originalism. She highlights how the legal framework espoused by originalists such as Supreme Court justices has been used to remove rights and perpetuate political polarization. Through her detailed examination of historical records, Lepore reveals how the idea that only the framers’ views should be used to interpret the Constitution has been a convenient tool for those seeking to halt progress in areas like racial and gender equality.
Lepore also discusses the irony behind some of the influential figures in the originalist movement, particularly the Federalist Society. This group, responsible for much of the modern originalist thought, adopted a logo based on a silhouette of James Madison, the principal architect of the Constitution. Ironically, however, the Federalist Society altered the logo to make Madison appear more physically attractive than he actually was.
Examining the Constitution Through the Lens of Amendments
As part of her research, Lepore created the Amendments Project, a comprehensive resource that collects every attempt to amend the Constitution. Her team built a database of failed amendments, shedding light on the struggles and contested ideas that have defined American democracy. Lepore finds “great energy” in exploring these failed efforts, seeing them as part of a larger “colorful canvas of contestation.”
The book delves into pivotal moments in the history of American constitutional amendments, such as the Reconstruction Amendments after the Civil War, the 19th Amendment securing women’s right to vote, and the slow, frustrating demise of the amendment process. Through these stories, Lepore suggests that while the US Constitution has undeniably shaped the nation, it’s far from a perfect or unchangeable document. In fact, it is precisely the failed efforts to amend it that make the Constitution a living, breathing part of the country’s narrative.
Character Studies and Lesser-Known Figures
In We the People, Lepore also highlights underrepresented figures in American history. One such figure is John Jones, a free Black abolitionist from pre-Civil War Chicago, who, despite his less colorful biography, played a significant role in the abolitionist movement. By focusing on individuals like Jones, Lepore draws attention to the often overlooked but essential roles of lesser-known activists and historical figures in shaping American law and society.
Lepore’s exploration of race, gender, and justice in the context of the Constitution is another key aspect of her book. She examines the contradiction that many of the men who wrote the Constitution were enslavers, and how the failure to directly address slavery in the document set the stage for centuries of struggle and inequality.
The Constitution’s Rebirth and Its Future
Lepore concludes by emphasizing that the Constitution is a living document that should continually evolve. She draws on the imagery of the Constitution being akin to a “pregnant woman about to give birth,” an idea echoed by figures like President Abraham Lincoln. This metaphor highlights her belief that the Constitution’s potential for growth and adaptation should not be limited by an archaic interpretation of the framers’ original intentions.
As she says, “If you believe in the US Constitution, you believe the people have the right exclusively to draft and ratify and amend constitutions, then you should be able to see yourself being involved in such a thing.” By pushing for a more inclusive and evolving interpretation of the Constitution, Lepore challenges readers to rethink what it means to engage with and protect the rights enshrined in the founding document.
Final Thoughts
We the People is a remarkable exploration of American history and constitutionalism, offering a sharp critique of originalism and an impassioned call for an evolving understanding of the Constitution. Lepore’s literary flair, coupled with her thorough historical analysis, makes this book a must-read for anyone interested in the future of American democracy and constitutional law.
This story may be updated with more information as it becomes available.
