Neil Longley York - Toward a More Perfect Union: Six Essays on the Constitution
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Toward a More Perfect Union: Six Essays on the Constitution
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Toward a More Perfect Union : Six Essays On the Constitution
author
:
York, Neil Longley.
publisher
:
State University of New York Press
isbn10 | asin
:
0887069266
print isbn13
:
9780887069260
ebook isbn13
:
9780585089096
language
:
English
subject
Constitutional history--United States.
publication date
:
1988
lcc
:
KF4541.A2T69 1988eb
ddc
:
342.73/029
subject
:
Constitutional history--United States.
Page iii
Toward a More Perfect Union: Six Essays on the Constitution
Edited By Neil L. York
BRIGHAM YOUNG UNIVERSITY
Page iv
Library of Congress Cataloging-in-Publication Data
Toward a more perfect union: six essays on the Constitution edited by Neil L. York 188 pages Bibliography: p. 175 Includes index 1. United StatesConstitutional history. I. York, Neil L., 1951 KF4541.A2T69 1988 342.73029dc 19 [347.30229]88-14507 CIP
ISBN 0-88706-925-8 ISBN 0-88706-926-6 (pbk.)
Brigham Young University, Provo, Utah 84602 "1787 and 1776: Patrick Henry, James Madison, the Constitution, and the Revolution," 1988 by Lance Banning "States, Sections, and the National Interest," 1988 by Peter S. Onuf 1988 by Brigham Young University. All rights reserved Printed in the United States of America
Distributed by State University of New York Press, State University Plaza, Albany, New York 12446-0001
Page v
Contents
Introduction
1
I The Political Ideology of the FoundersGordon S. Wood
7
II Constitutional Politics: States, Sections, and the National InterestPeter S. Onuf
29
III 1787 and 1776: Patrick Henry, James Madison, the Constitution, and the RevolutionLance Banning
59
IV Religion, Public Virtue, and the Founding of the American RepublicRichard Vetterli and Gary C. Bryner
91
V Recovering "First Principles": Critical Perspectives on the Constitution and the Fate of Classical RepublicanismJohn Patrick Diggins
119
VI The Original Understanding and the Unwritten ConstitutionThomas C. Grey
145
Further Reading
175
Index
181
Page vi
Editor's Note:
As there are numerous references to, and quotations of, the Federalist throughout this volume, for ease of location all citations are to Clinton Rossiter, ed., The Federalist Papers: Alexander Hamilton, James Madison, John Jay (New York: New American Library, 1961). Such references and quotations are cited in the notes with Federalist, followed by the number of the particular paper, followed by a colon and the page number(s) where the reference or quotation can be found in the New American Library edition. For example, quotation of the first line of Federalist No. 10 would be cited as Federalist 10:77. In a few instances, page numbers (inside parentheses) immediately follow quotations in the text and notes.
Page 1
Introduction
In his 1987 presidential address to the Organization of American Historians, Leon Litwack warned against being swept up in Bicentennial hoopla.1 For too many, he feared, celebration of the "founding" would provide an excuse for parades and parties rather than a time for introspection and reevaluation; the Constitution, after all, is venerated by most Americans as "holy writ"a fundamental testament of national ideals.2 That it has become a source of great pride and is somehow inseparable from an American sense of political self should not be surprising. By attaching such significance to it we are following the lead of Aristotle, who declared that the forming of a constitution is the most important step in organizing a political society. Nevertheless, Aristotle was not always clear in explaining what he meant by constitution. He ambiguously described a constitution as "the arrangement of the inhabitants of a state" as well as "the arrangement of power in a state"; he spoke, confusingly, of a constitution as being synonymous with government and yet greater than government because it was concerned first and foremost with the definition of citizenship.3
Americans escaped some of the ambiguities of Aristotle's constitution when writing their own "Constitution"a document of ink on parchment, a tangible embodiment of Aristotle's more abstract notion. Yet Americans can wander off into their own ambiguities and inconsistencies when interpreting their Constitution, especially when they conflate that Constitution with constitutionalism and the age-old attempt to define rights under law. It should be remembered that the Constitution of 1787 followed a long line of earlier constitutions. Colonial Americans had claimed "constitutional" rights derived from their charters; before 1776 they repeatedly attempted to establish and secure liberties they
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