In this episode, political theorist William B. Allen, editor and translator of a new edition of Montesquieu’s The Spirit of the Laws, and Alison LaCroix, author of The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms, join Jeffrey Rosen to explore the intellectual foundations—from Montesquieu and beyond—of constitutional interpretation from the founding to the Civil War. They also discuss historical practice and tradition in interpreting the Constitution throughout the interbellum period, and how this history applies to debates over constitutional interpretation today. This program was streamed live on June 17, 2024, as part of our America’s Town Hall series.
Please subscribe to We the People and Live at the National Constitution Center on Apple Podcasts, Spotify, or your favorite podcast app.
Today’s episode was produced by Lana Ulrich, Tanaya Tauber, and Bill Pollock. It was engineered by David Stotz and Bill Pollock. Research was provided by Lana Ulrich, Samson Mostashari, Cooper Smith, and Yara Daraiseh.
Participants:
William B. Allen is professor emeritus of political philosophy at Michigan State University. He previously served as chairman of the United States Commission on Civil Rights as well as the dean of James Madison College at Michigan State University. He is the author of The State of Black America: Progress, Pitfalls, and the Promise of the Republic (2022), George Washington: America's First Progressive (2008) and Rethinking Uncle Tom: The Political Thought of Harriet Beecher Stowe (2009). He is also the editor and translator of a new critical edition of Montesquieu’s The Spirit of the Laws (2024).
Alison LaCroix is the Robert Newton Reid Professor of Law at the University of Chicago Law School and an associate member of the University of Chicago Department of History. She has served as a member of the board of directors of the American Society for Legal History, and she is a member of the editorial advisory boards of the Journal of American Constitutional History and the American Journal of Legal History. Her latest book, The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms (2024) focuses on U.S. constitutional discourse between 1815 and 1861.
Jeffrey Rosen is the president and CEO of the National Constitution Center. Rosen is also a professor of law at The George Washington University Law School and a contributing editor of The Atlantic. His most recent book is The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America.
Additional Resources:
- Alison LaCroix, The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms, 2024
- Montesquieu, ‘The Spirit of the Laws’: A Critical Edition, edited and translated by W. B. Allen, 2024
- The Commerce Clause
- Alison LaCroix, “James Madison v. Originalism,” Project Syndicate (Aug. 26, 2022)
- 10th Amendment
- Andrew Jackson, Proclamation Regarding Nullification, (December 10, 1832)
- Martin v. Hunter's Lessee (1816)
- Preamble to the Constitution
Stay Connected and Learn More
- Continue the conversation by following us on social media @ConstitutionCtr.
- Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate.
- Subscribe, rate, and review wherever you listen.
- Join us for an upcoming live program or watch recordings on YouTube.
- Support our important work.
