The year of living constitutionally One man's humble quest to follow the Constitution's original meaning

A. J. Jacobs, 1968-

Book - 2024

"The New York Times bestselling author of The Year of Living Biblically chronicles his hilarious adventures in attempting to follow the original meaning of the Constitution, as he searches for answers to one of the most pressing issues of our time: How should we interpret America's foundational document?"--

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Subjects
Published
New York : Crown Publishing [2024]
Language
English
Main Author
A. J. Jacobs, 1968- (author)
Edition
First edition
Physical Description
viii, 295 pages : illustrations ; 22 cm
Bibliography
Includes bibliographical references (pages 286-295).
ISBN
9780593136744
  • Preamble
  • Article I. Voting, Eighteenth-Century Style
  • Article II. Meet the Forefathers
  • Article III. Freedom of Speech
  • Article IV. Quartering Soldiers
  • Article V. The Overly Supreme Court
  • Article VI. A Letter of Marque and Reprisal
  • Article VII. The Room Where It Actually Happened
  • Article VIII. Rights and More Rights
  • Article IX. Women's Rights
  • Article X. The Right to Assemble in My Apartment
  • Article XI. Amending the Constitution
  • Article XII. Petitioning the Government for Redress of Grievances
  • Article XIII. Race and the Constitution
  • Article XIV. Calling a Constitutional Convention
  • Article XV. A Complete Listing of All Arguments For and Against Qriginalism That Everyone Will Agree Is Absolutely Definitive and Error-Free
  • Article XVI. Muskets and Militias
  • Article XVII. Robo-Madison
  • Article XVIII. War and the Constitution
  • Article XIX. Washington City
  • Article XX. Red Tape and the Constitution
  • Article XXI. Sweet Democracy
  • Acknowledgments
  • Bibliography
Review by Booklist Review

From Jacobs, the man who brought us The Year of Living Biblically (2007), in which he chronicled his efforts to hew as closely as possible to the Ten Commandments and other biblical precepts, comes a new historical reenactment: taking the United States Constitution literally. Starting with the original text and continuing through the amendments, Jacobs turns his flair for stunt journalism into a fascinating and necessary project. But the book isn't just Jacobs wearing a tricorn hat, boiling mutton, and reading by candlelight. He also interviews dozens of legal scholars, both originalists and "living" constitutionalists (those who think the text's meaning should change with the times). His effort to set up a Jacobs-family constitution is the perfect blend of humor and poignancy. Most of all, he tries to answer the Constitution's most pressing question: is it a document of liberation or oppression? Funny but not snarky, inventive but not obnoxious, learned but not pedantic, this book will make readers think about the nation's founding document more deeply than ever.

From Booklist, Copyright (c) American Library Association. Used with permission.
Review by Publisher's Weekly Review

Journalist Jacobs (The Year of Living Biblically) delivers another playful account of a zany lifestyle experiment--this time to live by the letter of the U.S. Constitution. Pointing out the uniqueness of America's continued dependence on this centuries-old document--unlike other countries which have more recently rewritten their constitutions--Jacobs explains that those who utilize it (most significantly, Supreme Court justices) are divided into originalists, who want to "hew to the original meaning," and those who think interpretation should evolve with the times. Originalism serves as the inspiration for his goofy attempts to live a Constitutional existence, which include dressing, eating, and acting as the founders did (he discovers that writing with a quill, which sounds like nails on chalkboard to his wife, has a kind of lulling ASMR quality for himself); questioning historian Eric J. Dolan about the best way to become a privateer (Article I of the Constitution gives Congress the power to "grant Letters of Marque and Reprisal" to ship captains, basically a legalized form of piracy); and acquiring a mail-order pillory for punishing his wife and teenage sons (the Eighth Amendment's ban on "cruel and unusual punishment" did not apply to pillories--also, his family declined). Jacobs's well-researched romp carefully reckons with the Constitution's ethical blind spots while staying consistently entertaining. U.S. history buffs will have fun with this one. (May)

(c) Copyright PWxyz, LLC. All rights reserved
Review by Library Journal Review

New York Times bestselling author Jacobs (A Year of Living Biblically) embarks on another unique yearlong experiment. This time, he explores the mindset of the founding fathers, seeking insight into the U.S. Constitution as he tries to live as if it were the late 1780s. Jacobs describes difficulties he encounters in his quest, from finding era-appropriate food, drink, and dress to considering how the Constitution continues to affect American lives today. Interspersed among personal anecdotes from his experiment, he provides a basic primer on constitutional rights and originalism, offering listeners a mix of serious reflections and laugh-out-loud moments, often at his own expense. Though engaging and irreverent as the audiobook's narrator, Jacobs isn't quite a natural; his voice has a reedy quality, and his pronunciations and pacing are occasionally awkward. However, his enthusiasm and connection to the material shine through, making for a compelling work. VERDICT Jacobs's narration may not be perfect, but his likability and unique firsthand experiences more than compensate. This entertaining and informative audiobook will appeal to a broad audience of listeners who enjoy memoirs, history, or civics.--Christa Van Herreweghe

(c) Copyright Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
Review by Kirkus Book Review

An experiment in following the Constitution's original meanings. Having written previously about "living Biblically" for a year, Jacobs turns now to "living Constitutionally"--i.e., imaginatively transporting himself back to 1787 (or, occasionally, later years when amendments were ratified) in order to reflect on the Founding Fathers' legal and ethical ideals. We follow the author's (sometimes loose) adoption of late-18th-century customs as he probes, for instance, assumptions about free speech, gender roles, and civic participation and considers profound shifts in cultural sensibilities from the founders' era to our own. Much of the text is delightfully lighthearted and playful in its recounting of the author's experiences, but Jacobs consistently offers insightful and informed analysis of the actual content of the Constitution, the reasoning behind it, and the implications of social change and evolving values. Though revered by many as something approximating a sacred and infallible text, the document itself is revealed as a flawed product of its time, steeped in exclusionary prejudices and in many ways incompatible with modern sensibilities, yet still illuminating for its attempt to defend core freedoms and promote a bold version of democracy. The author's commentary on present-day interpretive debates is particularly rewarding. He provides refreshingly clear and sensible accounts of the anachronistic powers granted to the Supreme Court, the ambiguities inherent in the Second Amendment's protection of gun rights, and the competing claims made by originalists and so-called living constitutionalists. Jacobs makes the persuasive argument that, in spite of the moral limitations of the founders from a 21st-century perspective, we might learn from the 18th century's "emphasis on the common good, the quest to control one's rage, the slow thinking, the experimental mindset, the distaste for aristocracy, and the awe at being able to cast a vote." A marvelously witty and wise consideration of the Constitution's legacy. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.

Preamble I recently discovered that if you walk around New York City while carrying an eighteenth-century musket, you get a lot of questions. "You gonna shoot some redcoats?" "Can you please leave?" "What the hell, man?" Questions aside, a musket can come in handy. When I arrived at my local coffee shop at the same time as another customer, he told me, "You go first. I'm not arguing with someone holding that thing." Why was I carrying around an 11-pound firearm from the 1790s? Well, it's because I'm deep into my Year of Living Constitutionally. For reasons I'll explain shortly, I've pledged to try to express my constitutional rights using the tools and mindset of when they were written 1787. My plan is to be the original originalist. I will bear arms, but only those arms available when the Second Amendment was written, hence the musket and its accompanying bayonet. I will exercise my First Amendment right to free speech--but I'll do it the old-fashioned way: By writing pamphlets with a quill pen and handing them out on the street. My right to assemble? I will assemble at coffeehouses and taverns, not over Zoom or Discord. If I'm to be punished, I will insist my punishment not be cruel and unusual, at least cruel and unusual by eighteenth-century standards (when, unfortunately, Americans considered it acceptable to have your head stuck in a pillory and get pelted by mud and rotten vegetables). Thanks to the Third Amendment, I may choose to quarter soldiers in my apartment - but I will kick them out onto the street if they misbehave. My goal is to understand the Constitution by expressing my rights as they were interpreted back in the era of Washington and Jefferson (or, in the case of the later amendments, how they were interpreted when they were written). I want, as much as possible, to get inside the minds of the Founding Fathers. And by doing so, I want to figure out how we should live today. What do we need to update? What should we ignore? Is there wisdom from the eighteenth century that is worth reviving? And how should we view this most influential and perplexing of American texts? I undertook this quest because reading the news over this past year led me to three important revelations. The first revelation was just how much our lives are affected by this 4,543-word document inscribed on calfskin during that Philadelphia summer. The Supreme Court's recent controversial decisions on everything from women's rights, gun rights, environmental regulations, and religion - all claim to stem from the Constitution. The second revelation was just how shockingly little I knew about the Constitution. I'd never even read it - not the whole thing, anyway. Thanks to Schoolhouse Rock!, I was familiar with the "We the People" preamble. And I could recall a handful of other famous passages, most notably the First Amendment, which is beloved by me and my fellow writers (as well as by my kids, who cite it whenever I ask them not to curse at me). But as for the entire document, from start to finish? Never read it. And third, I realized just how much the Constitution is a national Rorschach test. Everyone, including me, sees what they want. Does the Constitution support laissez-faire gun rights, or does it support strict gun regulation? Does it prohibit school prayer or not? Depends whom you ask. And it's not just the issues we're divided on - it's the Constitution itself. Is the Constitution a document of liberation, as I'd been taught in high school? Or is it, as some critics argue, a document of oppression? Should we venerate this brilliant roadmap that has arguably guided American prosperity and expanded freedom for 236 years? Or should we be skeptical of this set of rules written by wealthy racists who thought tobacco-smoke enemas were cutting-edge medicine? It reminds me of a William Blake quote I once read about the Bible: "[We] both read the Bible day and night But thou read'st black where I read white." And, as with the Bible, whether you see black versus white in the Constitution depends largely on one crucial question: What is your method for interpreting this text? Should we try to discover the original meaning from when the text was written? Or does the meaning of the text evolve with the times? In fact, the Bible-Constitution parallels helped give birth to this book. I decided to steal an idea from myself. Several years ago, I wrote a book called The Year of Living Biblically , in which I explored the ways we interpret the Bible by following the Good Book as literally as possible. I followed the Ten Commandments, but I also followed the hundreds of more obscure rules. I grew some alarmingly sprawling facial hair (Leviticus says you should not shave the corners of your beard) and tossed out my poly-cotton sweaters (Leviticus says you cannot wear clothes made of two kinds of fabric). I became the ultimate fundamentalist. The project was absurd at times but also enlightening and inspiring. I found that some aspects of living biblically changed my life for the better (the emphasis on gratitude, for instance). I also learned the dangers of taking the Bible too literally (I don't recommend stoning an adulterer in Central Park, even if those stones are pebble-sized, as mine were). And I learned how challenging it is to figure out what we should replace literalism with. I'm not the first to notice that we treat the Constitution and the Bible in similar ways. Scholars have long described the Constitution as the "sacred text" of our "civic religion." Jefferson called the delegates "demigods." And as with the Bible, there is an ongoing debate between those who say we need to hew to the original meaning--the camp often called originalists--and those who say the meaning evolves--the camp often called Living Constitutionalists. The two sides have been around for decades, but in the past five years, the originalists have gained surprising power. Five of the six conservative justices on the Supreme Court are originalists of some sort (John Roberts is the exception), a position that has affected their rulings on abortion, gun rights, and many other topics. I felt it was time. I began prepping for a Year of Living Constitutionally. * * * Before I started my year, I figured I'd better sit down and actually read the Constitution. So on a random Thursday night, I set the mood. I lit a beeswax candle, settled into our most spartan wooden chair, and unrolled my U.S. Constitution. It's a four-page wheat-colored replica I bought on Amazon. Each crinkly page is the size of a poster. I'm accustomed to reading on small glowing screens, so it was an awkward feeling. My wife Julie would be better at this - she still reads the print version of the New York Times , which I find charmingly archaic ("So what's President Eisenhower up to today?" I'll ask. To which she'll respond, "Oh, because I'm reading it like they did in the 1950s. I get it. Good one."). I soldier on and read the first sentence: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Now that's an inspiring 52 words! I love how it builds tension, comma by comma by comma, till we get to the majestic and self-referential phrase "this Constitution." I also like the mention of the "general Welfare." We could all use more attention to "general Welfare" nowadays as a balance to America's focus on individual rights. I'm also a fan of the mention of "Posterity" - that's us they're talking about. We're the posterity. I'm a part of this American experiment. I even like the promiscuous use of capital letters. Over the years, several copy editors have told me that I'm an Overcapitalizer. (Ben Franklin wanted to reform American spelling so that all Nouns were capitalized. Sadly, this didn't happen, but his Advice had an Impact on this Document). After that gorgeous preamble, I got to Article I. Frankly, it was kind of a letdown. It's a list of rules for setting up Congress, and the prose switches from grand and soaring to technical and lawyerly. Excerpted from The Year of Living Constitutionally: One Man's Humble Quest to Follow the Constitution's Original Meaning by A. J. Jacobs All rights reserved by the original copyright owners. Excerpts are provided for display purposes only and may not be reproduced, reprinted or distributed without the written permission of the publisher.