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Book Review
Negotiating the Constitution: The Earliest Debates over Original Intent. By Joseph M. Lynch. (Ithaca: Cornell University Press, 1999. xii, 315 pp. $42.00, ISBN 0-8014-3558-7.)
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For all the attention we historians devote to nontraditional topics, the founding period of the United States continues to attract talent. Jack N. Rakove's Original Meanings (1996) qualifies as the gold standard of recent endeavors, but it hardly lacks company. Among the other entries are parallel studies by two academic lawyers who recognize that in a real sense the founding extended beyond 17871788, as Americans sought and debated the meaning of the new Constitution at the levels of both principle and detail. One of these books is David P. Currie's The Constitution in Congress: The Federalist Period, 17891801 (1997). The other, published only two years later, is Joseph M. Lynch's less encyclopedic Negotiating the Constitution. |
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Lynch is an emeritus professor of law at Seton Hall University who believes that "it helps to be a lawyer" when seeking the origins of the law of the Constitution. He traces not just the emergence of constitutional doctrines (Currie's main interest) but also the interpretive methods used during the rich constitutional arguments of 17871801. Not least, he explores the impact of politics both on substantive constitutional positions and on interpretative methods. Compared to Currie, Lynch probes more deeply into those debates he covers, and he broadens the focus by pulling in the executive branch and such other key figures as James Madison and Alexander Hamilton once they were out of federal office. |
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