FOR IMMEDIATE RELEASE
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. |