No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions.
Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited.
Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document—focusing on James Madison's changing views—as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.

lgli/R:\Project-Muse\md5_rep\A94B7614D66967D7D91CE42363B38E79.pdf

zlib/no-category/Joseph M. Lynch/Negotiating the Constitution: The Earliest Debates over Original Intent_28058960.pdf

Project MUSE (https://muse.jhu.edu/)

Joseph Martin Lynch

Mario Einaudi Center for International Studies, Cornell University

Comstock Publishing Associates

Lightning Source Inc. (Tier 3), Ithaca, N.Y., 2005

United States, United States of America

Ithaca, N.Y, New York State, 1999

Ithaca, N.Y., Bristol, 2005

1, First Edition, US, 1999

1, 1999/04/22

5, 20180705

producers:
Muse-DL/1.1.2

Includes index.

Cover 1
Title, Copyright, and Dedication 2
Contents 8
Acknowledgments 10
Introduction 14
1. The Constitutional Convention: Virginians and Power 21
2. The Politics and Promises of Ratification 44
3. Virginia's Interests: Madison's Shifting Canons (First Congress, First Session, 1789) 63
4. Madison and Strict Construction (First Congress, Second and Third Sessions, 1789-91) 84
5. The Emergence of Opposition 106
6. Opposition and Foreign Policy 127
7. Strict Construction: Impracticalities and Trivialities 140
8. Jay's Treaty and the Withering of Madison's Authority (Fourth Congress, First Session, 1795-96) 153
9. Turbulence, Aliens, and Sedition 178
10. Sedition and the Kentucky and Virginia Resolutions 204
11. The Fall of the Federalists 221
Epilogue: Text, Intent, and Practicality 231
Cases Cited 242
Abbreviations 244
Notes 246
Index 322
Publisher:Cornell University Press,Published:2018,ISBN:9781501728334,Related ISBN:9780801435584,Language:English,OCLC:1080549196
No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document—focusing on James Madison's changing views—as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.

Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited.Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document -- focusing on James Madison's changing views -- as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.

"Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. This exchange set the stage for later battles between Federalists and Republicans." "Examining debates in the first six Congresses, Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the creation of a national bank, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document - focusing on James Madison's changing views - as the new government took shape and political parties were formed."--Jacket

2022-03-08