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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
The Speaker of the House of Representatives is the most powerful partisan figure in the contemporary U.S. Congress. How this came to be, and how the majority party in the House has made control of the speakership a routine matter, is far from straightforward. Fighting for the Speakership provides a comprehensive history of how Speakers have been elected in the U.S. House since 1789, arguing that the organizational politics of these elections were critical to the construction of mass political parties in America and laid the groundwork for the role they play in setting the agenda of Congress today. Jeffery Jenkins and Charles Stewart show how the speakership began as a relatively weak office, and how votes for Speaker prior to the Civil War often favored regional interests over party loyalty. While struggle, contention, and deadlock over House organization were common in the antebellum era, such instability vanished with the outbreak of war, as the majority party became an "organizational cartel" capable of controlling with certainty the selection of the Speaker and other key House officers. This organizational cartel has survived Gilded Age partisan strife, Progressive Era challenge, and conservative coalition politics to guide speakership elections through the present day. Fighting for the Speakership reveals how struggles over House organization prior to the Civil War were among the most consequential turning points in American political history.