Taking their cue from the late Paul L. Murphy, one of our nation's
leading legal historians, this illustrious group of scholars argues
that the field of constitutional history is "too important to be
left solely to lawyers and judges." Their "state-of-the-field"
volume reclaims constitutional history's rightful place as a vital
and necessary part of our intellectual enterprise, in part by
pushing the field onto fresh, even controversial, terrain. The
result is a provocative new look at the past, present, and future
of American constitutionalism, one that opens a window on the
larger American soul.
Much as Murphy has done, these scholars contend that this
restoration is much needed and will greatly enrich judicial and
public policy, advance a tradition of justice worthy of America's
democratic aspirations, give due attention to cultural contexts,
and, most importantly, afford Americans a richer understanding of
their constitutional heritage.
Their essays explore, for example, the ways in which previously
excluded groups have come more fully into the Constitution's orbit
of freedom, the ongoing importance of institutions and doctrines,
and the ways in which theory and informal texts might enrich the
field. How, they ask, might scholars take account of the lived
experiences of litigants, reformers, and lawyers in the forging of
constitutional change?
A kind of prospectus for the future of American constitutional
history, these essays address fundamental questions about the field
and its evolution. More important, they persuasively argue that the
best way to reinvigorate the study of constitutionalism is to
reconnect it to its social and cultural contexts, to appreciate the
continuing necessity of archival research, to recognize and support
the value of new approaches and perspectives, and to reaffirm in
the end that the best way to explain the history of rights is to
remember the courage of the people who had the vision and
conviction to put the judges through their constitutional
paces.
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