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094 The Founding and the Fallacy of Original Intent
Manage episode 216791399 series 1251728
This week at In The Past Lane, the history podcast, I speak with historian Andrew Shankman about his new book, Original Intents: Hamilton, Jefferson, Madison, and the American Founding. It’s a conversation that’s perfectly timed for the Senate hearings on President Trump’s nominee to the Supreme Court, Brett Kavanaugh. That’s because Kavanaugh adheres to a judicial philosophy known as originalism that argues judges must make their rulings based on a close reading of the Constitution that determines the original intent of the Founders. It’s a neat and tidy idea that suggests a commitment to objectivity and a faithfulness to the vision of the Founders. But as Andrew Shankman makes clear, there was no single, original intent because the Founders disagreed on nearly everything when it came to the Constitution.
In the course of our discussion, Andrew Shankman explains:
How Hamilton, Jefferson, and Madison initially agreed on many things, including a fear that the republic needed a stronger central government to avoid a descent into anarchy.
How eventually major differences emerged among these men over whether the government could exercise unstated but “implied powers” of the Constitution, or only powers that were explicitly enumerated in the document.
Why it’s impossible, despite what so-called originalists claim, to deduce an original intent of the Founders in the Constitution.
Why originalism is ahistorical and ignores the historical process and historical context.
Why we shouldn’t revere the Founders and more than they revered each other.
Recommended reading:
Andrew Shankman, Original Intents: Hamilton, Jefferson, Madison, and the American Founding (Oxford University Press, 2018)
Akhil Reed Amar, America's Constitution: A Biography
Richard Beeman, Plain, Honest Men: The Making of the American Constitution
David O. Stewart, The Summer of 1787: The Men Who Invented the Constitution
Gordon S. Wood, The Creation of the American Republic, 1776-1787
More info about Andrew Shankman - website
Follow In The Past Lane on
Twitter @InThePastLane
Instagram @InThePastLane
Facebook https://www.facebook.com/InThePastLanePodcast/
YouTube https://www.youtube.com/channel/UCeZMGFqoAASwvSJ1cpZOEAA
Music for This Episode
Jay Graham, ITPL Intro (JayGMusic.com)
Kevin McCleod, “Impact Moderato” (Free Music Archive)
Andy Cohen, “Trophy Endorphins” (Free Music Archive)
Jason Shaw, "Acoustic Meditation,” (Free Music Archive)
Jon Luc Hefferman, “Winter Trek” (Free Music Archive)
The Bell, “I Am History” (Free Music Archive)
Production Credits
Executive Producer: Lulu Spencer
Technical Advisors: Holly Hunt and Jesse Anderson
Podcasting Consultant: Dave Jackson of the School of Podcasting
Photographer: John Buckingham
Graphic Designer: Maggie Cellucci
Website by: ERI Design
Legal services: Tippecanoe and Tyler Too
Social Media management: The Pony Express
Risk Assessment: Little Big Horn Associates
Growth strategies: 54 40 or Fight
© In The Past Lane, 2018
Recommended History Podcasts
Ben Franklin’s World with Liz Covart @LizCovart The Age of Jackson Podcast @AgeofJacksonPod
Backstory podcast – the history behind today’s headlines @BackstoryRadio
Past Present podcast with Nicole Hemmer, Neil J. Young, and Natalia Petrzela @PastPresentPod
99 Percent Invisible with Roman Mars @99piorg Slow Burn podcast about Watergate with @leoncrawl
The Memory Palace – with Nate DiMeo, story teller extraordinaire @thememorypalace
The Conspirators – creepy true crime stories from the American past @Conspiratorcast
The History Chicks podcast @Thehistorychix
My History Can Beat Up Your Politics @myhist
Professor Buzzkill podcast – Prof B takes on myths about the past @buzzkillprof
Footnoting History podcast @HistoryFootnote
The History Author Show podcast @HistoryDean
More Perfect podcast - the history of key US Supreme Court cases @Radiolab
Revisionist History with Malcolm Gladwell @Gladwell
Radio Diaries with Joe Richman @RadioDiaries
DIG history podcast @dig_history
The Story Behind – the hidden histories of everyday things @StoryBehindPod
Studio 360 with Kurt Andersen – specifically its American Icons series @Studio360show
Uncivil podcast – fascinating takes on the legacy of the Civil War in contemporary US @uncivilshow
Stuff You Missed in History Class @MissedinHistory
The Whiskey Rebellion – two historians discuss topics from today’s news @WhiskeyRebelPod
American History Tellers @ahtellers
The Way of Improvement Leads Home with historian John Fea @JohnFea1 The Bowery Boys podcast – all things NYC history @BoweryBoys
Ridiculous History @RidiculousHSW
The Rogue Historian podcast with historian @MKeithHarris
The Road To Now podcast @Road_To_Now
Retropod with @mikerosenwald
203 episódios
094 The Founding and the Fallacy of Original Intent
In The Past Lane - The Podcast About History and Why It Matters
Manage episode 216791399 series 1251728
This week at In The Past Lane, the history podcast, I speak with historian Andrew Shankman about his new book, Original Intents: Hamilton, Jefferson, Madison, and the American Founding. It’s a conversation that’s perfectly timed for the Senate hearings on President Trump’s nominee to the Supreme Court, Brett Kavanaugh. That’s because Kavanaugh adheres to a judicial philosophy known as originalism that argues judges must make their rulings based on a close reading of the Constitution that determines the original intent of the Founders. It’s a neat and tidy idea that suggests a commitment to objectivity and a faithfulness to the vision of the Founders. But as Andrew Shankman makes clear, there was no single, original intent because the Founders disagreed on nearly everything when it came to the Constitution.
In the course of our discussion, Andrew Shankman explains:
How Hamilton, Jefferson, and Madison initially agreed on many things, including a fear that the republic needed a stronger central government to avoid a descent into anarchy.
How eventually major differences emerged among these men over whether the government could exercise unstated but “implied powers” of the Constitution, or only powers that were explicitly enumerated in the document.
Why it’s impossible, despite what so-called originalists claim, to deduce an original intent of the Founders in the Constitution.
Why originalism is ahistorical and ignores the historical process and historical context.
Why we shouldn’t revere the Founders and more than they revered each other.
Recommended reading:
Andrew Shankman, Original Intents: Hamilton, Jefferson, Madison, and the American Founding (Oxford University Press, 2018)
Akhil Reed Amar, America's Constitution: A Biography
Richard Beeman, Plain, Honest Men: The Making of the American Constitution
David O. Stewart, The Summer of 1787: The Men Who Invented the Constitution
Gordon S. Wood, The Creation of the American Republic, 1776-1787
More info about Andrew Shankman - website
Follow In The Past Lane on
Twitter @InThePastLane
Instagram @InThePastLane
Facebook https://www.facebook.com/InThePastLanePodcast/
YouTube https://www.youtube.com/channel/UCeZMGFqoAASwvSJ1cpZOEAA
Music for This Episode
Jay Graham, ITPL Intro (JayGMusic.com)
Kevin McCleod, “Impact Moderato” (Free Music Archive)
Andy Cohen, “Trophy Endorphins” (Free Music Archive)
Jason Shaw, "Acoustic Meditation,” (Free Music Archive)
Jon Luc Hefferman, “Winter Trek” (Free Music Archive)
The Bell, “I Am History” (Free Music Archive)
Production Credits
Executive Producer: Lulu Spencer
Technical Advisors: Holly Hunt and Jesse Anderson
Podcasting Consultant: Dave Jackson of the School of Podcasting
Photographer: John Buckingham
Graphic Designer: Maggie Cellucci
Website by: ERI Design
Legal services: Tippecanoe and Tyler Too
Social Media management: The Pony Express
Risk Assessment: Little Big Horn Associates
Growth strategies: 54 40 or Fight
© In The Past Lane, 2018
Recommended History Podcasts
Ben Franklin’s World with Liz Covart @LizCovart The Age of Jackson Podcast @AgeofJacksonPod
Backstory podcast – the history behind today’s headlines @BackstoryRadio
Past Present podcast with Nicole Hemmer, Neil J. Young, and Natalia Petrzela @PastPresentPod
99 Percent Invisible with Roman Mars @99piorg Slow Burn podcast about Watergate with @leoncrawl
The Memory Palace – with Nate DiMeo, story teller extraordinaire @thememorypalace
The Conspirators – creepy true crime stories from the American past @Conspiratorcast
The History Chicks podcast @Thehistorychix
My History Can Beat Up Your Politics @myhist
Professor Buzzkill podcast – Prof B takes on myths about the past @buzzkillprof
Footnoting History podcast @HistoryFootnote
The History Author Show podcast @HistoryDean
More Perfect podcast - the history of key US Supreme Court cases @Radiolab
Revisionist History with Malcolm Gladwell @Gladwell
Radio Diaries with Joe Richman @RadioDiaries
DIG history podcast @dig_history
The Story Behind – the hidden histories of everyday things @StoryBehindPod
Studio 360 with Kurt Andersen – specifically its American Icons series @Studio360show
Uncivil podcast – fascinating takes on the legacy of the Civil War in contemporary US @uncivilshow
Stuff You Missed in History Class @MissedinHistory
The Whiskey Rebellion – two historians discuss topics from today’s news @WhiskeyRebelPod
American History Tellers @ahtellers
The Way of Improvement Leads Home with historian John Fea @JohnFea1 The Bowery Boys podcast – all things NYC history @BoweryBoys
Ridiculous History @RidiculousHSW
The Rogue Historian podcast with historian @MKeithHarris
The Road To Now podcast @Road_To_Now
Retropod with @mikerosenwald
203 episódios
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