The Classical Foundations of the American Constitution: Prevailing Wisdom

by David J. Bederman

• ISBN13: 9780521885362
• ISBN10: 0521885361
• Edition: 1st
• Format: Hardcover
• Copyright: 2008-02-11
• Publisher: Cambridge University Press

Summary

The Framers of the American Constitution were substantially influenced by ancient history and classical political theory, as exemplified by their education, the availability of classical readings, and their inculcation in classical republican values. This volume explores how the Framing generation deployed classical learning to develop many of the essential structural aspects of the Constitution: federalism, separation of powers, a bicameral legislature, independent courts, and the war and foreign relations powers. Also examined are very contemporary constitutional debates, for which there were classical inspirations, including sovereign immunity, executive privilege, line-item vetoes, and the electoral college. Combining techniques of intellectual history, classical studies, and constitutional interpretation, this book makes a unique contribution to our understanding of contemporary constitutionalism.

Table of Contents

Preface	p. ix
Abbreviations	p. xiii
The Framers' Classical Education and World View	p. 1
Modes of Classical Education and Expression	p. 3
Classicism's Values	p. 25
Classical Political Models and the Founders	p. 50
Empires and Colonial Governance	p. 52
Mixed Constitutions and Separation of Powers	p. 59
Constitution-Making and Ancient History	p. 95
Confederations and Leagues	p. 104
Bicameralism and the Senate	p. 134
Executive Power	p. 144
Judicial Functions	p. 154
Republics at War and in Peace	p. 163
Modern Resonances	p. 176
Sovereign Immunity and Federalism	p. 178
Executive Privileges and Accountability	p. 190
Line-Item Vetoes	p. 197
The Electoral College	p. 203
Republican Government	p. 209
The Classical Constitution	p. 222
Notes	p. 233
Index	p. 325
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