Skip to main content

ETHNOS_APP

Home • Search • Journals • List 0

The Second Creation

Fixing the American Constitution in the Founding Era

Bibliographic Data

ID4156670
AuthorsDavid Thomas Konig (corresponding author)
Year2019
Volume106
Issue2
Pages449-449
Publication date2019-09-01
Open AccessYes
TypeARTICLE
VenueJournal of American History (JOURNAL)
Journal identifiersISSN: 0021-8723 • E-ISSN: 1945-2314
PublisherOxford University Press (PUBLISHER • GB)
DOI10.1093/jahist/jaz386
OpenAlexW2969857342
LanguageEN
Citations received5

The presidential oath of office that George Washington took in 1789 prescribed that he “preserve, protect and defend the Constitution of the United States.” It was a command more easily stated than followed because, as Jonathan Gienapp explains in this erudite and provocative volume, it was far from clear what, exactly, Washington and others sworn to office were bound to support. “People were unclear about not only what the Constitution meant but, far more fundamentally, what the Constitution itself actually was” (p. 1, emphasis in original). As an instrument of government, the Constitution was “not fully created when it was written or ratified” (p. 3). Rather, it was “breathtakingly novel” and remained “a profound unknown—when not only its meaning but also its core characteristics were deeply uncertain” (p. 4). That is, those we call the “framers” did not fully know what they had framed. Like Washington, others taking their oaths for federal and state office had to know what the constitution was before they could take a position on how to interpret it. The nature of the constitution would determine its relationship to its language, but Gienapp demonstrates that historical arguments over interpreting its language must be seen in an entirely new context—that of “the indeterminacy of constitutional ontology (uncertainty about the Constitution's basic properties)” that dominated its first decades (p. 341, emphasis in original). Not until its nature was “fixed” would the Constitution be able to give legitimacy to some claims and deny others. Only then could the practices of interpretation proper to such an instrument be debated. Were these rules guiding interpretation to be those used for charters? For compacts? For treaties of confederation? For state constitutions? Were they to follow those used in statutory interpretation? Was constitutional wording to be understood flexibly or narrowly? Should amendments be incorporated into the text where applicable, or appended in a supplement, and did that make any difference

Constitution · Context (archaeology · Epistemology · Indeterminacy (philosophy · Interpretation (philosophy · Legitimacy · Limited government · Linguistics · Meaning (existential · Originalism · Political science · Politics · Presidential system · Sociology · American Constitutional Law and Politics · History · Law · Legal and Constitutional Studies · Legal Systems and Judicial Processes · Philosophy

  • Fixing America's Founding

    Maeve Glass•Michigan Law Review•2020

  • Dishonorable to the American Character”

    Jason Ross•American Political Thought•2023

  • The Closing of the American Constitutional Imagination

    Alan Gibson•American Political Thought•2020

  • The Emergence and Fundamental Centrality of James Madison’s Federalist 37

    Todd Estes•American Political Thought•2023

  • The Founding, Constitutional Imperfection, and the Future of the American Experiment

    George Thomas•American Political Thought•2021

Citations per year0.83
Citation span2020 - 2023 (4)
Highly citedNo

Tools

Open DOISci-Hub
Ethnos_APP • Open Source Project • MIT License • Frontend v2.0.0 • Privacy and Cookies • API Documentation: api.ethnos.app/docs • API Source Code: GitHub • DOI: 10.5281/zenodo.17049435 • Frontend Source Code: GitHub • DOI: 10.5281/zenodo.17050053 • cruz.rio.br • Expectantes Misericordiae