The Origins of the Constitution

More than 200 years after it was written, the Constitution of the United States still provides the framework for political life in America. Its provisions organize national political institutions, preserve basic rights for citizens, and arrange how the states fit into the workings of the national government. Within this framework, Americans have successfully strengthened their institutions in the face of new challenges, extended the political rights the Constitution establishes, and proven remarkably flexible in managing the relationship between the states and the national government. Now in its third century, this remarkable document remains at the heart of the American pursuit of a "more perfect Union."

Dr. William Livingston, professor emeritus, delivered five mini-lectures discussing the origins of the Constitution from the political and social developments that preceded the 1787 Convention to the final approval of the first ten amendments (the Bill of Rights) four years later. Dr. Livingston's knowledge of the subject and unique perspective on Constitutional history provide both a historical overview and witty commentary on the creation of the Constitution.

At the time of the lectures, Dr. Livingston was the Senior Vice President at the University of Texas at Austin. He retired in Aug of 2007 after holding the position for twelve years. You may read the official announcement of his retirement here: http://www.utexas.edu/opa/news/2007/08/livingston21.html. For more about Professor Livingson's contributions and career see the "people" section on this page.

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Media


Professor Livingston describes the prelude to the Constitutional Convention, including life under the Articles of Confederation.
The Road to Philadelphia

Professor Livingston examines the group of men who gathered in Philadelphia and produced the Constitution.
Who's Who at the Convention

The issues and conflicts among the delegates take center stage as Professor Livingston takes you to the floor of the Convention.
Crafting the Constitution

The politics of ratification moves to the states as Professor Livingston recounts the battles to ratify the Constitution.
Ratification: Taking it to the States

Professor Livingston explains how a wide range of concerns about the Constitution was addressed by adding the Bill of Rights.
Building the Bill of Rights

People

Dr. William S. Livingston, Professor Emeritus and Senior Vice President from 1995-2007 at the University of Texas at Austin.

Professor William S. Livingston, Professor Emeritus and political scientist, has been a faculty member at the University of Texas at Austin since 1949. He served as Vice President and Dean of Graduate Studies from 1979 to 1995, and in 1982 was named to the Jo Anne Christian Professorship in British Studies. Dr. Livingston was named Acting President of the University of Texas at Austin for the period from September 1992 through January 1993, while continuing to serve as Vice President and Dean of Graduate Studies. In September 1995, he was appointed Senior Vice President.

Dr. Livingston is a former President of the Southern Political Science Association and of the Southwestern Social Science Association. He served twice on the Council of the American Political Science Association, and for four years was Editor-in-Chief of the Journal of Politics. He is the author or editor of half a dozen books and some 25 articles on federalism, democracy, and education.

In addition to his teaching and research, which have centered on Britain and the Commonwealth and on the comparative study of federalism, Dr. Livingston has held a number of University administrative positions. He has been Assistant Dean of the Graduate School (1954-58), Chairman of the Government Department (1966-69) and also its Graduate Adviser (1958-67), Vice Chancellor for Academic Programs of the University of Texas System (1969-70), Chairman of the Comparative Studies Program (1978-79), and for six years was Chairman of the University's Faculty Senate. In the late 1960s, he was Chairman of an interim committee that planned the development of the Lyndon B. Johnson School of Public Affairs. He has been actively involved in the development of the James A. Michener Center for Writers, the Normandy Scholars Program, the Edward A. Clark Center for Australian and New Zealand Studies, the Faculty Seminar on British Studies, and the Graduate Assembly, the representative body of the Graduate Faculty.

In 1993-94, the University conducted a fund-raising campaign to endow a program of "Livingston Fellowships in Graduate Studies," headed by former Regent Wales Madden of Amarillo. The success of the campaign has made possible the annual award of several graduate fellowships, beginning in 1995.

Readings

William S. Livingston is Professor of Government and was the Senior Vice President at The University of Texas at Austin from 1995 to August 2007. The author of Federalism and Constitutional Change and the editor of The Legacy of the Constitution, Dr. Livingston is a specialist in British and Commonwealth government, comparative federalism, and American constitutionalism. Dr. Livingston writes:

Many excellent books examining the history of our American Constitution have been published over the years. This list describes a few that I have found particularly useful.

Readers interested in the story of the Constitutional Convention would do well to consider Catherine Drinker Bowen's Miracle at Philadelphia: The Story of the Constitutional Convention, May to September, 1787 (Little, Brown, 1966) - still the best one-volume account available. Useful introductions to the historical period include Edmund S. Morgan's The Birth of the Republic, 1763-89 (University of Chicago Press, 1992), as well as Gordon S. Wood's The Creation of the American Republic, 1776-1787 (University of North Carolina Press, 1969). The Federalist, an extraordinary collection of essays written by Alexander Hamilton, John Jay, and James Madison, captures the powerful arguments made on behalf of the Constitution by its advocates.

Biographical studies provide an excellent approach to understanding Constitutional origins, and many first-rate comprehensive biographies exist. Look at, for example, H. W. Brands' The First American: The Life and Times of Benjamin Franklin (Doubleday, 2000), Ron Chernow's Alexander Hamilton (Penguin Press, 2004), James T. Flexner's Washington, the Indispensable Man (Little, Brown, 1969), and David McCullough's John Adams (Simon & Schuster, 2001). Richard Brookhiser illuminates an interesting and lesser-known participant in his Gentleman Revolutionary: Gouverneur Morris, The Rake Who Wrote the Constitution (Simon & Schuster, 2003). Other useful and readable works include Robert A. Goldwin's From Parchment to Power: How James Madison Used the Bill of Rights to Save the Constitution (American Enterprise Institute, 1997) and Joseph J. Ellis' Founding Brothers: The Revolutionary Generation (Knopf, 2000).

Gretchen Ritter is an Associate Professor in the Department of Government and Director of the Center for Women's and Gender Studies at The University of Texas at Austin. She is the author of Goldbugs and Greenbacks: The Antimonopoly Tradition and the Politics of Finance in America (Cambridge University Press, 1997) and The Constitution as Social Design: Gender and Civic Membership in the American Constitutional Order (Stanford University Press, 2006). Dr. Ritter writes:

The Constitution should be thought of as a living document. It begins with the phrase "We, the People." The community invoked and created in the phrase "We, the People" stands at the center of the institutional framework and political community that the Constitution defines. On the one hand, the Constitution outlines the power and offices of the national government. On the other hand, it suggests a civic order in which the government and "the People" have a set of rights and duties toward one another. Civic membership, to the extent that it speaks to the reciprocal relationship between the people and the government, is at the heart of the constitutional order.

The question is - who belongs to the community invoked by the phrase "We, the People"? Membership in that community has changed over time. Once, "the People" did not include African Americans or Native Americans, and it only dimly included women. Today it might be worth considering the terms on which we include immigrants and homosexuals in the American community.

Approaching constitutional development through debates over civic membership allows for new insights into one of the central paradoxes of American history - namely, how it is that a nation founded on universalist principles of equality is so marked by a history of hierarchy, subordination, and exclusion. How can Thomas Jefferson be both the author of the Declaration of Independence and the master (and father) of slaves? How can the legacies of slavery, coverture, immigrant exclusion, Indian extermination, and relocation camps be made consistent with a history that includes the Declaration, the Bill of the Rights, the Emancipation Proclamation, the Four Freedoms, and the "I Have a Dream" speech? Many resolve this contradiction by imagining that liberal individualism and equality constitute the core truth about America, while practices of subordination do not represent the nation's spirit or destiny and are better understood as historical remnants that in time were swept away by the power of American political ideals. Such a portrait is seductive, not least for the subordinated groups who invoke it to advance claims of inclusion. Yet it is also a troublesome misrepresentation for a nation that often proves willing not only to retain and reformulate certain forms of social hierarchy, but to generate new institutions and practices of political and social exclusion. It makes more sense, then, to begin from the premise that both hierarchy and equality have been central to the principles and practices of the American constitutional order.

At different moments in our history, those who were excluded or who were not included on equal terms fought for their right to be regarded as first-class citizens and members of the American constitutional community. They have aspired to be a part of the American Dream. Here are a few examples of their pleas (and some of the responses to them), many of which invoke the Declaration of Independence, as well as the U.S. Constitution:

Jeffrey K. Tulis is an Associate Professor in the Department of Government at The University of Texas at Austin. His publications include The Presidency in the Constitutional Order (LSU, 1981) and The Rhetorical Presidency (Princeton, 1987). He is currently writing a book on the problem of institutional deference, and he is co-editor of the Johns Hopkins Series in Constitutional Thought. Dr. Tulis writes:

The best way to begin to understand the meaning of the American Constitution is to read the arguments of those who supported and those who opposed the original design in 1787. Today we take for granted many of the most important and effective features of the Constitution. It is useful to go back to a time when the proposed Constitution was new and controversial. Supporters of the Constitution called themselves Federalists, and they succeeded in labeling their opponents Anti-federalists. The best Federalist arguments were written by James Madison, Alexander Hamilton and John Jay writing together as "Publius." There are many good and inexpensive paperback editions of their essays, titled The Federalist. The best Anti-federalist arguments were written by men (and one woman, Mercy Warren) using pseudonyms, such as Federal Farmer, Brutus, Agrippa, Cato and Centenal. Good selections of these essays include Cecelia Kenyon, ed., The Antifederalists, and Herbert J. Storing, ed., The Anti-federalist.

Herbert Storing has also written the best summary of the political thought of both sides of the constitutional fight in What the Anti-federalists Were For (University of Chicago Press). This original debate continues to play itself out in later political and historical controversies, as can be seen in essays by Richard Hofstadter, Martin Diamond, Wilson Carey McWilliams, Robert Dahl, James Ceaser, and Gordon Wood in Robert H. Horwitz, ed., The Moral Foundations of the American Republic (University Press of Virginia).

Some scholars question whether we actually live under the same Constitution as our founding, or whether our Constitution has changed in the face of major historical changes, such as the Civil War or the New Deal in the 1930s. Good books taking opposite sides on this question include Bruce Ackerman, We the People: Foundations (Harvard University Press), and Harry V. Jaffa, Crisis of the House Divided (University of Chicago Press). Finally, some have tried to articulate general theories of what our Constitution means and how it operates. Good books that do this include: Sotirios Barber, On What the Constitution Means (Johns Hopkins University Press), Sanford Levinson, Constitutional Faith (Princeton University Press), and Christopher Eisgruber, Constitutional Self-Government (Harvard University Press).

Keith E. Whittington was a visiting professor at The University of Texas Law School in 2005-2006 and is a professor of politics at Princeton University. He is the author of Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review and of Constitutional Construction: Divided Powers and Constitutional Meaning. Dr. Whittington writes:

There are a tremendous number of excellent and accessible books that examine the American constitutional experience from a variety of perspectives. On the American founding and the origins of the Constitution, a terrific starting point is Gordon Wood's The Creation of the American Republic, 1776-1787 (W.W. Norton, 1972), which shaped a generation of scholarship on American political culture. More recent is the Pulitzer Prize-winning Original Meanings: Politics and Ideas in the Making of the Constitution (Vintage, 1997), by Jack Rakove, which gives particular attention to James Madison and his concerns, triumphs and disappointments in pushing for the creation of the Constitution.

On our efforts to put the Constitution into practice, Bruce Ackerman's The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy (Harvard University Press, 2005), Ken Kersch's Constructing Civil Liberties: Discontinuities in the Development of American Constitutional Law (Cambridge University Press, 2004), and Michael Klarman's From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality (Oxford University Press, 2004) give surprising new accounts of some of the political and legal controversies that have shaped the country that we live in today.