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October 16, 2000

CONTACT: Chris Friesleben, (515) 271-2833

PULITZER PRIZE-WINNING AUTHOR TO PUT CONSTITUTION IN PERSPECTIVE IN TALK AT DRAKE LAW SCHOOL

It is not likely that any of the Founding Fathers were thinking of abortion or same-sex marriage when they gathered in Philadelphia in 1787 to draft the provisions by which America would govern itself far into the future. How, then, is it possible to put such 21st century political issues into the context of 213-year-old document? And if it is possible to do so, who can best judge what that context is?

Jack Rakove, author of a Pulitzer Prize-winning book that examines the nation's Constitution from both historical and contemporary vantage points, will address the question, "What Did the Constitution Originally Mean?" at Drake Law School on Monday, Oct. 23. The lecture, which is free and open to the public, will begin at 4 p.m. in room 213 Cartwright Hall, 27th Street and Carpenter Avenue.

Rakove is the W.R. Coe professor of history and American studies at Stanford University. In his book, "Original Meanings: Politics and Ideas in the Making of the Constitution," Rakove suggests that originalism -- the concept that the Constitution should be interpreted according to its original meaning -- is more complicated than simply decoding the Founding Fathers' intentions. He traces the complexities of ideologies and special interests that show how the document has meant different things to different people at different times throughout history.

"Originalism rests on the assumption that a coherent, unsullied set of meanings was somehow locked into the Constitution at the moment of its adoption," Rakove wrote in a essay published shortly after the book was awarded the Pulitzer Prize. "That sense of experimentation did not come to a sudden halt in 1788; nor did the participants in this debate themselves think they had decisively solved all the problems with which we still wrestle."

Prior to his book, historians did not weigh in on the concept of originalism, said Rakove, because of the adversarial nature of the debate. Where lawyers and jurists are prone to the political nature of contemporary controversies, historians strive for analysis and balanced judgments. But a historical perspective is necessary in order to put things in context, said Rakove. "The challenge that originalism poses to historians is to provide the best possible account of why the Constitution and its particular clauses took the form they did. If historians cannot provide coherent accounts of how the Constitution was adopted, we might as well call it a day and look for a new line of work."

Rakove spent close to 12 years writing the book, which includes an examination of the Federalist and Anti-Federalist papers, minutes of the Constitutional Convention and state conventions, congressional debates, private letters and personal reflections of key figures. He lays out the issues that the framers were grappling with: federalism, executive power, states rights. He focuses on James Madison, the Founding Father who exerted the greatest influence in the proceedings and who presided over the debates that began almost immediately after the Constitution's ratification.

Book reviewer Paul Gillan Jr., said the book demonstrates Rakove's superior command of the originalist theory. "The work is striking not only for the remarkable depth and breadth of its argument, but also for the manifest respect Rakove displays for the integrity of the political process and the traditional tenets of historical research and analysis."

Rakove has written three other books, including "James Madison and the Creation of the American Republic." He also has contributed chapters to numerous scholarly collections, written essays for various law reviews and published a host of op-ed articles in such newspapers as the Los Angeles Times, Chicago Tribune, Washington Post and New York Times.

There will be a reception for Rakove after the lecture. His visit is sponsored by the Constitutional Law Center as part of its ongoing Distinguished Speakers Series. For more information about the event, call Thomas Baker, law professor and director of the center, at (515) 271-3354.


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