“That’s not constitutional” is a frequent claim in political debates in the United States. But how does one determine what is constitutional? Why do we disagree on this point?

While the United States Constitution is the supreme law of the land, it is also a source of great controversy. It establishes the fundamental framework of our system of government, while differences in how to understand and interpret it often divide people.

The United States Constitution: A History takes a fresh look at the Constitution, its origins, and controversies, from the founding of the country and its creation at the Constitutional Convention to the present. It examines the various controversies that divided the convention, why they existed, and how they were resolved to give us the government we have.

In the 19th century, the main conflict was over race and slavery, with pro-slavery forces rejecting the Declaration of Independence and its claim that all men are created equal, ultimately resulting in the civil war. The 20th century saw a new and different challenge in progressivism, with values and goals distinctly different from those of the founders.

Today the nation is split over these two distinctly different views of the Constitution. One side sees a document written by the founders and amended 27 times since. The other sees a Living Constitution whose meaning grows and evolves with the ever-changing country. 

The United States Constitution: A History traces these conflicts as they have developed since the Constitution was adopted. It looks at the understanding of the document from Marbury v. Madison up to and including Dobbs v. Jackson Women’s Health Organization. With the good decisions such as Brown v. Board of Education and the bad such as Dred Scott v. Sandford and Plessy v. Ferguson, the various views of the Constitution have shaped our society for good and ill. 

The United States Constitution: A History will give you a better understanding of these controversies, why they exist and how they continue to divide the country.