Tuesday, October 9, 2018

Reflection on America’s Constitution: A Biography by Akhil Reed Amar

I'm not proud of this book report. It was a really good book but I've run into some personal stuff so I'm just gonna cut this reflection short with the notes I took so that I can feel good about moving on and reading something new.


               This is a really thorough book. It covers every phrase in the Constitution and its amendments from 1 to 26, the most recent. I came out of it with a much greater appreciation for many of our founders and the genius of the Constitution. I also came away understanding that a major part of that genius was the knowledge that it would need to be amended and the way that the founders set forth a standard for amendment. 
               Before the American Revolution, no people had ever explicitly voted on their own written constitution. Athens’s Solon had unilaterally ordained his country’s constitution. That makes the USA extremely unique, and our Constitution was very liberal at the time in many issues, though very accommodating towards slavery. The words “private property” do not appear in the Constitution at all. “Property” only appears once, in a reference to government property. While the Revolution dealt heavily with the rights to private property, the Constitution itself is truly based on popular sovereignty, beginning with the words, “We the People…”

Slavery
The Constitution did more to increase slavery than to destroy it. Article 1 temporarily banned Congress from using its power over immigration and international trade to end the importation of slaves until 1808. In addition, they codified the 3/5 clause, that allowed slave states to count their slaves as population for voting apportionment but not as actual, eligible voters. This compounded in effect in the state legislatures, which were heavily tilted in Southern states toward the plantation belts, that would eventually drive them into the Civil War. In the interim between the Constitution’s signing and the Civil War, slave states were encouraged to buy and breed as many slaves as they could to increase their voting power.
The statistics are disturbing. New Hampshire and South Carolina each had 140,000 free citizens according to the 1790 census, but NH only got four seats in the House compared to SC’s 6 due to its 100,000 slaves. Connecticut had 20,000 more free citizens than Maryland but one less seat due to Maryland’s 100,000 slaves. Virginia, thanks to its 300,000 slaves, earned five more seats than Massachusetts, which had a “significantly larger free population.” Surely the lesson from this is that in a compromise like the Constitution was, it pays to be on the side that receives long-term dividends. Slavery was able to grow much stronger as an institution thanks to the failings of the Constitution providing undue representation to the South, which manifested itself in slavery-friendly laws enacted and judges appointed. All in all, the first Congress convened in 1793 with the North having 58 seats and the South 47. If the 3/5 clause had not been enacted the South would have had just 33 and the North 57. Signers of the Constitution from the South also assured their voters that Congress would have no power to abolish slavery.

Interesting point about the American Revolution: If negotiations prevailed and Americans gained representation in Parliament, how could they participate in parliament while representing and meeting their constituents? It took months to cross the Atlantic and it would have been an impossible job.

Englishmen celebrated their strong Navy and weak Army as a cause for their liberal, democratic successes. A navy was a defensive tool because it could stop other armies from landing on their shores but could not oppose its own tyranny because of its weakness on land.
Only six men signed both the Declaration of Independence and the Constitution

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