A Founding Document Finds Its Principles
Akhil Reed Amar’s Born Equal: Remaking America’s Constitution, 1840–1920 covers a period of American history that most of us learned as a series of familiar episodes: the crisis of the 1850s, the Civil War, Reconstruction’s rise and fall, the boom of the late 19th century, and the reforms of the Progressive Era. In the standard telling, the Constitution is the province of officials in the federal government—amended in dramatic fashion after the war, interpreted by courts in a mostly linear fashion, grappled over by men with names like Clay and Calhoun until the Progressives came along to say they no longer had any interest in it. (In my family we joke that there were no presidents or Supreme Court decisions between the end of Reconstruction and the rise of Teddy Roosevelt—our high-school and college U.S. history curricula pivoted hard to economic history for those three decades.) The business of the American people was business; obsession over constitutional text and foundational promises belonged to a small cadre of elites until it went underground and reappeared at the nation’s bicentennial.
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