Summary: A discussion of the history and role of the Bill of Rights.
I have previously read Akhil Amar’s America’s Constitution: A Biography. One of my complaints about that book was that I thought it did not have enough focus on the Bill of Rights. I didn’t realize when I read it that Akhil Amar had already written a long book on the Bill of Rights. This book, The Bill of Rights Primer, is designed to be a more popular level book covering the same rough content.
This oversimplifies, but the rough thesis of the book is to give a history of how the Bill of Rights was developed and understood by the original writers. And then a discussion of how the 14th Amendment and the Reconstruction Era changed how the Bill of Rights was understood and used. I decided to pick up this book after I listened to a podcast with Amar on Advisory Opinions. Primarily they discussed constitutional interpretation. Amar is a liberal originalist and one of the early members of the Federalist Society, which is generally a conservative legal group. That podcast helped me understand Amar’s approach to America’s Constitution and The Bill of Rights Primer. While I think that Amar raises legitimate points to critique constitutional interpretative theory, especially of liberals, I still found weaknesses of originalism’s approach to be under-discussed.
That being said, it is very helpful to understand how the Bill of Rights has changed because of the 14th Amendment. I think one of the weaknesses of the modern originalist framework is that it seems to prioritize the original writer’s understanding, not the Reconstruction Era revision. The original authors of the Constitution were primarily slaveholders, did not believe that women should vote, and mostly did not believe in direct democracy. I tend to think we should prioritize interpreting the earlier amendments through the later amendments.