David Richards here argues the position that understanding the
intent of the Founders is essential to the legal interpretation of
the United States Constitution. To this extent he makes common
cause with conservative constitutional theorists, but he arrives at
conclusions that differ radically from theirs. Indeed, his stated
project here is to `reclaim' the Founders intent on behalf of the
liberal humanist tradition they embodied. Richards examines the
role of the Founders' understanding of history, philosophy,
political theory, and political science in the evolution of their
constitutional design. In his reconstruction, the Constitution
emerges as a brilliant expression of European humanist and critical
thought, shaped by such influences as the political ideas of
Machiavelli, Harrington, Montesquieu, and Hume, the Lockean theory
of legitimate government, and the common law model of interpretive
practice. Armed with this new understanding of the Founders'
intent, Richards is able to fully develop the methodology of
constitutional interpretation sketched in his earlier book,
TOLERATION AND THE CONSTITUTION (OUP 1986), and uses it effectively
to defend a liberal reading of constitutional guarantees of
individual rights.
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