Jill Lepore | We the People: A History of the U.S. Constitution

The Author Events Series presents Jill Lepore | We the People: A History of the U.S. Constitution

In Conversation with Kate Shaw

Published on the occasion of the 250th anniversary of the nation’s founding—the anniversary, too, of the first state constitutions—We the People offers a wholly new history of the Constitution. “One of the Constitution’s founding purposes was to prevent change,” Lepore writes. “Another was to allow for change without violence.” Relying on the extraordinary database she has assembled at the Amendments Project, Lepore recounts centuries of attempts, mostly by ordinary Americans, to realize the promise of the Constitution. Yet nearly all those efforts have failed. Although nearly twelve thousand amendments have been introduced in Congress since 1789, and thousands more have been proposed outside its doors, only twenty-seven have ever been ratified. More troubling, the Constitution has not been meaningfully amended since 1971. Without recourse to amendment, she argues, the risk of political violence rises. So does the risk of constitutional change by presidential or judicial fiat.

Challenging both the Supreme Court’s monopoly on constitutional interpretation and the flawed theory of “originalism,” Lepore contends in this “gripping and unfamiliar story of our own past” that the philosophy of amendment is foundational to American constitutionalism. The framers never intended for the Constitution to be preserved, like a butterfly, under glass, Lepore argues, but expected that future generations would be forever tinkering with it, hoping to mend America by amending its Constitution through an orderly deliberative and democratic process.

Lepore’s remarkable history seeks, too, to rekindle a sense of constitutional possibility. Congressman Jamie Raskin writes that Lepore “has thrown us a lifeline, a way of seeing the Constitution neither as an authoritarian straitjacket nor a foolproof magic amulet but as the arena of fierce, logical, passionate, and often deadly struggle for a more perfect union.” At a time when the Constitution’s vulnerability is all too evident, and the risk of political violence all too real, We the People, with its shimmering prose and pioneering research, hints at the prospects for a better constitutional future, an amended America.

Jill Lepore is the David Woods Kemper ’41 Professor of American History at Harvard University and professor of law at Harvard Law School. She is also a staff writer at The New Yorker. Her many books include the international bestseller These Truths: A History of the United States. She lives in Cambridge, Massachusetts.

Kate Shaw is a Professor of Law at the University of Pennsylvania Carey Law School, where she teaches and writes about the presidency, the law of democracy, the Supreme Court, and reproductive rights and justice. Her scholarly writing has appeared, among other places, in the Harvard Law Review, the Columbia Law Review, the Michigan Law Review, and the Northwestern University Law Review, and her popular writing has appeared in the New York Times, the Washington Post, and the Atlantic. She co-hosts the Supreme Court podcast Strict Scrutiny and is a Contributing Opinion Writer with the New York Times.

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