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The Constitutional Bind

How Americans Came to Idolize a Document That Fails Them

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2 of 2 copies available
2 of 2 copies available

An eye-opening account of how Americans came to revere the Constitution and what this reverence has meant domestically and around the world.

Some Americans today worry that the Federal Constitution is ill-equipped to respond to mounting democratic threats and may even exacerbate the worst features of American politics. Yet for as long as anyone can remember, the Constitution has occupied a quasi-mythical status in American political culture, which ties ideals of liberty and equality to assumptions about the inherent goodness of the text's design. The Constitutional Bind explores how a flawed document came to be so glorified and how this has impacted American life.

In a pathbreaking retelling of the American experience, Aziz Rana shows that today's reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home.

Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind also sheds light on an array of movement activists—in Black, Indigenous, feminist, labor, and immigrant politics—who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights.

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    • Library Journal

      March 1, 2024

      Rana (law and government, Boston Coll.; Two Faces of American Freedom) assails what he calls "creedal constitutionalism," in which Americans across the political spectrum venerate the Constitution as an inheritance from founders that obstructs reform, weakens the democratic process, and is rooted in nationalism and imperialism. He argues that creedal constitutionalism has paved the way for reactionary jurists to base court rulings on conjectures about the founders' intentions. Most of his book reconstructs the evolution (starting with 1887) of the Constitution's position in the United States' political spectrum. Rana interrogates creedal and counter-creedal discourses, including socialist, Black radical, and labor movement perspectives. He urges Americans to demand Congress limit presidential powers, abolish the electoral college, and enact judicial term limits and other structural reforms to guarantee rights and foster democracy. Creedal constitutionalism, he argues, is inadequate glue to bind the fracturing nation together. VERDICT An eye-opening and exhaustive look at the U.S. Constitution. This book will reward readers' tenacity and enlighten academics, policymakers, and civic-minded Americans alike.--Michael Rodriguez

      Copyright 2024 Library Journal, LLC Used with permission.

    • Kirkus

      March 15, 2024
      An account of the evolution of the Constitution, from document to cult object and beyond. Boston College law professor Rana opens his astute yet dense book with a definition of "creedal constitutionalism," a fundamentalist adherence to a Constitution that allows a president to be elected despite losing the popular vote; a Senate that awards two seats apiece to even the most thinly populated states; and a Supreme Court that can do such things as eliminate the right to abortion, despite overwhelming popular support for it. The Constitution as we find it today, Rana continues, suffers from "three clear institutional pathologies that feed off each other," among them the blockage of legislative governance unless the majority party achieves a supermajority, and rule by a minority bloc that privileges white, rural communities in national decision-making. So-called originalists hold that this is all just as it should be. However, Rana argues convincingly that it does not reflect the political or demographic composition of the nation, which is more liberal--and more urban and more ethnically diverse--than its government would suggest. Interestingly, this originalist cult and the de facto worship of the Constitution are relatively modern artifacts, but with widely varying possibilities. During the New Deal era, for example, "for labor groups, commemorating the Bill of Rights became a way of celebrating the freedom of association and freedom of speech guarantees in the First Amendment," while in the Cold War, it became a kind of litmus test for loyalty. The author closes with the thought that the Constitution must evolve further to "support [the] long-standing effort to build a transformative majority in American society," one that recognizes how we live and work and redistributes governing authority accordingly. An accessible if overstuffed work of legal and political history that speaks eloquently to democratic reform.

      COPYRIGHT(2024) Kirkus Reviews, ALL RIGHTS RESERVED.

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