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The Classical Foundations of the American Constitution: Prevailing Wisdom, by David J. Bederman
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Essential reading for anyone interested in the history of the Constitution and the mindset of the framers! The drafters and ratifiers of the American Constitution were influenced by ancient history and classical political theory. This new volume combines techniques of intellectual history, classical studies, and constitutional interpretation offering fresh insights into the way the Framers designed the structural aspects of the Constitution, including separation of powers, the balance between federal and state power, the authority of the senate, judicial independence, and the exercise of war and foreign relations powers.
- Sales Rank: #753497 in Books
- Published on: 2011-02-17
- Original language: English
- Number of items: 1
- Dimensions: 9.02" h x .79" w x 5.98" l, 1.19 pounds
- Binding: Paperback
- 352 pages
Review
"...this fine book is essential reading for anyone concerned with the origins of the Constitution or the intellectual world that produced it."
--Law and Politics Book Review
"In this innovative and erudite study, Bederman surveys the influence of classical works on the American founding generation. A convincing argument for the Founding Fathers' use of classical ideas is lucidly advance. The book offers a more historically accurate and philosophically coherent argument than other recent volumes on the topic...The author defends the importance of original intent, with limitations, while concluding that the Founders' use of ancient sources was "instrumental and pragmatic."...Highly Recommended..."
--H.L. Cheek Jr., CHOICE
About the Author
David J. Bederman is K. H. Gyr Professor in Private International Law at Emory University. Professor Bederman has published extensively on diverse legal topics, including legal history, constitutional law, and international legal theory and practice. In addition to a number of books and dozens of articles and essays, his major publications include Globalization and International Law (2008), The Classical Foundations of the American Constitution (2008), The Spirit of International Law (2002), International Law in Antiquity (2001), and International Law Frameworks (2001).
Most helpful customer reviews
1 of 1 people found the following review helpful.
Masterful Survey of Classical Influences Upon Founders
By Lee Cheek
In this innovative and erudite study, Bederman (Emory) surveys the influence of classical works upon the American Founding generation. A convincing argument for the Founders' use of classical ideas is lucidly advanced. The book offers a more historically accurate and philosophically coherent argument than other recent volumes on the topic. Chapter 1 details the role of classical learning in the education, legal training, and shaping of the worldview of the Founders. Chapter 2 suggests the "models" of political life imparted to the Founders' by their study of classical sources. Chapters 3 and 4 document the Founders' use of ancient history in drafting the American Constitution, with special attention to what Bederman describes as the five central elements of constitutional design--"federalism, bicameralism, a unified executive, an independent judiciary, and foreign relations power." The author defends the importance of original intent, with limitations, while concluding that the Founders' use of ancient sources was "instrumental and pragmatic."
H. Lee Cheek, Jr., Ph.D.
Vice-President, Brewton-Parker College
[...]
1 of 2 people found the following review helpful.
Book Unveils Classical Teachings in U.S. Constitution
By Center for the Study of Law and Religion at Emory University
Emory Law Professor David J. Bederman's new book, The Classical Foundations of the American Constitution (Cambridge University Press), may help the nation's top courts more accurately interpret gun control and other contentious Constitutional law cases before them today.
"The intent of the framers weighs heavily on current interpretations of Constitutional law and modern cases being heard," said Bederman, an associated faculty member of the Center for the Study of Law and Religion (CSLR) at Emory University.
For example, in March the U.S. Supreme Court heard a case that hinges on the meaning of the Second Amendment right to "keep and bear arms." Does it guarantee an individual right to have a gun for private use, or does it only guarantee a collective right to have guns in state-regulated militia? Five of the justices have signaled that they think the amendment does give individuals a right to have a gun for self-defense.
Bederman's book shows that when interpreting the Second Amendment, it is helpful to know that Benjamin Franklin, Alexander Hamilton, James Madison, George Washington, and other framers of the U.S. Constitution were products of a classical education, with an emphasis on Greek and Latin languages and literature.
"In this case, the justices received a lot of briefing about what the amendment would have meant to the framers," he says. "With its unique grammar, the first two clauses almost seem to be a preamble, a throat clearing. But one of the most interesting briefs, filed by a group of linguists and historians, argues that the framers often wrote in Latinate form, heavily influenced by their childhood education. This would make the preamble as important as the clauses that came after."
This meticulously researched book, third in a trilogy that Bederman has written on law and antiquity, reveals that many of the essential aspects of the Constitution--including separation of powers among the branches of federal government, the two chambers of Congress, independent courts, and federalism--were informed by ancient political models.
"I am suggesting a simple, but subversive, idea: that the members of the framing generation were as much influenced by the . . . experiences of classical antiquity as they were by Enlightenment liberal philosophy and by the exigencies of the struggle against Great Britain," he says.
The book explores the classical predilections of the framing generation, the framer's original intent in drafting various provisions of the Constitution, and a view of our country's supreme document of law as a "classical Constitution."
While hardly great scholars by today's standards, the leaders of the framing generation were, to a large degree, college-educated, Bederman notes: Of the 56 members of the Continental Congress that deliberated the Declaration of Independence, 27 had college backgrounds and others had achieved this level of education through self-study.
On whole, they prized the works of such Greek and Roman writers and philosophers as Plato, Aristotle, Polybius, Cicero, Livy, and Tacitus. ("Thomas Jefferson was such a book junkie that he almost went bankrupt. His collection became basis for the Library of Congress," he says.)
In making his case, Bederman has gone to original letters, speeches, books, pamphlets, and records, allowing the framers and others of their era to speak for themselves. "Our tendency is to edit their words, which imposes our own order and judgment on them," he says. "But in order to get a flavor of the way these people thought and acted, you have to understand how they read and how they wrote."
For instance, in 1808, Jefferson wrote to his granddaughter, Anne Bankhead, "I very much like your choice of books for your winter's reading . . . Tacitus I consider the first writer in the world without a single exception. His book is a compound of history and morality of which we have no other example."
By no means were all the framers classicists, however. A strong anticlassical opposition ran through the generation, and was embodied in its elder statesman, Franklin, who "at a crucial moment at Philadelphia in 1787 . . . decided to make a stand against the use of classical references," recounts Bederman. After a lengthy lecture by James Madison on ancient confederations and leagues, Franklin, whose proposal for a strong, centralized government was being eroded, rose and said, "The small progress we have made after four or five weeks close attendance . . . is methinks a melancholy proof of the imperfection of Human Understanding. We indeed seem to feel our own want of political wisdom, since we have been running in search of it. We have gone back to ancient history for models of Government, and examined the different forms of those Republics which have been formed with the seeds of their own dissolution now no longer exist."
The framers had an onerous and momentous charge. "How do you create a new political order, a new form of government? And how do you make it last? That's what the framers had to do," Bederman notes.
And, he adds, they succeeded. No modern country has lived under the same Constitution as long as Americans. "The genius of the framing generation in creating such a robust form of government--one that has survived sectional rivalry and civil war, vast territorial expansion and emergence into Great Power status . . . would have been appreciated by their classical forebears."
The founders themselves were acutely aware of the importance of their task, but also of the honor and privilege it entailed. John Adams wrote that it was a "time when the greatest lawgivers of antiquity would have wished to live. How few of the human race have ever enjoyed an opportunity of making election of government . . . for themselves or their children."
***
The Center for the Study of Law and Religion at Emory University is home to world-class scholars and forums on the religious foundations of law, politics, and society. It offers first-rank expertise on how the teachings and practices of Christianity, Judaism, and Islam have shaped and can continue to transform the fundamental ideas and institutions of our public and private lives. The scholarship of CSLR faculty provides the latest perspectives, while its conferences and public forums foster reasoned and robust public debate.
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