The Emerging Genre of The Constitution: Kent Newmyer and the Heroic Age

19 Pages Posted: 6 Jun 2020

Date Written: January 15, 2020

Abstract

In written celebration of Kent Newmyer’s intellectual and collegial influence, this essay argues that the written constitution was an emerging genre in 1787-1789. Discussions of the Constitution and constitutional interpretation often rest on a set of assumptions about the Constitution that arose in the years and decades after the constitutional Convention. The most significant one involves the belief that a fixed written document was drafted in 1787 intended in our modern sense as A Constitution. This fundamental assumption is historically inaccurate. The following reflections of a constitutionalist first lay out the argument for considering the Constitution as an emerging genre and then turn to Kent Newmyer’s important influence.

Suggested Citation

Bilder, Mary Sarah, The Emerging Genre of The Constitution: Kent Newmyer and the Heroic Age (January 15, 2020). Connecticut Law Review, Forthcoming, Boston College Law School Legal Studies Research Paper No. 532, Available at SSRN: https://ssrn.com/abstract=3619115 or http://dx.doi.org/10.2139/ssrn.3619115

Mary Sarah Bilder (Contact Author)

Boston College - Law School ( email )

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