A provocative new history of America’s constitution and an urgent call to action for a nation confronted by challenges its founders could never have imagined
The American Revolution occurred at a time when Britain’s constitutional order failed to adapt to the extraordinary growth of its colonies. The framers designed an American constitution to succeed where Britain’s had faltered, planning for continuous population and territorial expansion that would eventually cross the continent. Yet by the end of the nineteenth century, it was already ill-suited for an increasingly urban, industrialized society, and the transformations of the twentieth century have pushed it to a breaking point. This book charts the history and aims of the American constitution from its origins in an agrarian past to the grave crisis we face today.
Mark Peterson traces the American constitutional tradition to the control of land in medieval England, showing how the founders incorporated the aspirations of Magna Carta with the administrative principles of the Domesday Book, a meticulous survey and valuation of landed property commissioned by William the Conqueror. This framework encouraged the growth of democratic self-government in a young nation. It also institutionalized the colonization of territory and the expulsion of Indigenous peoples, establishing a legal blueprint for transforming tribal lands into revenue-yielding real estate for settlers. Peterson’s riveting narrative paints an arresting picture of a dynamic republic whose frame of government has changed enormously to meet the challenges of the modern age but whose written constitution has changed very little.
Marking the 250th anniversary of American independence, The Making and Breaking of the American Constitution reveals how this widening disconnect threatens the very existence of our democracy. It calls for a constitution that sustains the ideals developed over the past thousand years while meeting the challenges of the future.
I was a fan of this constitutional history, which offered some useful frameworks for thinking about the Constituion.
I cannot imagine the difficulties inherent in naming and marketing a book these days, but I did think to some extent the title was a bit ambitious, At some points, especially early on, it felt more like "[Exploring Some Context Surrounding the Formations and Understanding] of the American Constitution: A Thousand-Year [Partial] History*" but I guess that is a bit toothless and unlikly to drive sales. That being said, I am not trying to be glib or trivialize Peterson's work; the book itself was very interesting and educational. One can easily see what Mark Peterson was trying to do and largely accomplishes.
Peterson takes a very measured tone and starts with the etymology of the term constituion which was thought-provoking. Early on, he tackles a review of the overlap of historical land availability, property law, and constitutional posturing. For me, at least, this is a thought-provoking angle that has potentially interesting implications. Much like the laws of physics, temperature and volume govern interactions, it makes sense that. While that may seem readily obvious, Peterson's way of addressing it may have helped the enormity of the connection fully sink in.
I appreciate his coverage of some of the language used in the colonial charters and the underpinnings of what the colonists understood to be the source of their ownership rights. He goes on to parse through some of the different stakes and considerations for some of the early colonies/states in a way that was interesting and easy to follow.
*if not a 500ish year history with one notable flashback to the Norman Conquest...