In his contribution to this symposium, Sanford Levinson joins a list of scholars denying James Madison the title “Father of the Constitution” and challenging, in their estimation, exaggerated claims about his influence in the constitutional moment of 1786 to 1789. For his part, Professor Levinson emphasizes the radical character of Madison’s universal veto of state […]
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It’s Time for a DNA Test to Determine Paternity of the Constitution
One of the hoariest cliches of American constitutional history is that James Madison is the “father of the Constitution.” Wikipedia, an authoritative source on conventional wisdom, states that “[h]e is hailed as the ‘Father of the Constitution’ for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights.” […]
Making Individuals Citizens
Much has changed since Washington, Madison, Hamilton, Franklin, and the Framers met in the Pennsylvania State House in the summer of 1787 to draft the Constitution of the United States. The expanse of the country has increased substantially, the population has also grown considerably, from about 3.9 million to over 300 million; and discoveries in […]
What Were the Framers’ Views on Natural Law in Constitutional Interpretation? Response to Garrett Snedeker’s “Originalism: A Hollow Core?”
Garrett Snedeker’s thoughtful review of my book, The Hollow Core of Constitutional Theory: Why We Need the Framers, concludes by requesting a follow-up essay. In particular, he asks how my call to bring the Framers’ intentions back into the core of constitutional interpretation relates to what Snedeker, Hadley Arkes, and their James Wilson Institute colleagues […]
The Art of Biography: Wisdom from the Hamilton Musical
With the long-awaited return of Broadway, audiences are once again gazing in awe at its crown jewel: Hamilton. The blockbuster musical introduced to the world, as no biography ever had, the unlikely story of the Caribbean orphan-turned-American founder. Creator Lin-Manuel Miranda takes all the artistic liberties one would expect in a theatrical rendering of the […]
