My New Book!

My New Book!
My New Book!

Wednesday, January 22, 2025

January 22, 2025: Misread Quotes: The Constitution

[I had originally planned a series on historical inaugurations this week, but I don’t imagine too many of us want to be thinking about the inauguration any more than we have to. So instead, I’m gonna go with a suggestion from my wife, using the occasion of MLK Day to highlight a handful of historical quotes, from him and others, that our conservative commentators and politicians tend to get very wrong!]

On three complex Constitutional quotes that conservatives consistently over-simplify.

1)      The 2nd Amendment: I said a good bit of what I’d want to say about the minefield that is the 2nd Amendment in that hyperlinked Saturday Evening Post Considering History column. I’m not going to pretend that for those of us who are for stringent gun control the amendment is a slam-dunk in our favor, as it’s much more complicated than that—and that’s the thing, it’s really quite complicated, historically as well as legally. 2nd Amendment absolutists refuse to recognize those layers, and that’s a deeply problematic over-simplification.

2)      The 10th Amendment: The balance of federalism and “states’ rights” (a phrase not specifically found in the Constitution) in the founding era was at least as complicated as the question of guns, and the very brief 10th Amendment doesn’t do much to resolve those complexities. But I think there is a crucial part of that brief amendment that has been consistently overlooked by those who argue for “states’ rights”: that the powers not delegated to the federal government “are reserved to the States respectively, or to the people.” That is, there’s a third powerful party in this framing in addition to the U.S. and the states; and when it comes to current controversial issues like whether individual states have the power to pass restrictive abortion laws, I’d argue that conservatives are overlooking the people’s power in that equation.

3)      We the People”: I began that hyperlinked book with an extended discussion of why I believe that opening phrase of the Constitution’s Preamble represents a truly striking and significant choice, locating the new nation’s identity not in law or religion or any other overarching frame we might expect, but in the human community itself. That entire book project was an attempt to argue that we haven’t meant just one thing by that phrase, though, and more exactly that the conservative emphasis on a homogeneous white America as our origin point is at best just one perspective and at worst (and what I would really argue) a mythic patriotic perspective with very little basis in history or reality. At the very least, we can’t let that perspective dictate what we mean by “we the people,” no more than any other part of our Constitution.

Next misread quote tomorrow,

Ben

PS. What do you think? 

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