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From Parchment to Dust

The Case for Constitutional Skepticism

ebook
1 of 1 copy available
1 of 1 copy available

The prominent constitutional law scholar's fascinating (and yes, mind-boggling) argument that we don't need the Constitution after all

For some, to oppose the Constitution is to oppose the American experiment itself. But leading constitutional scholar Louis Michael Seidman argues that our founding document has long passed its "sell-by" date. It might sound crazy, but Seidman's arguments are both powerful and, well, convincing.

As Seidman shows, constitutional skepticism and disobedience have been present from the beginning of American history, even worming their way into the Federalist Papers. And, as Seidman also points out, no one alive today has agreed to be bound by these rules.

In From Parchment to Dust, Seidman offers a brief history of the phenomenon of constitutional skepticism and then proceeds to a masterful takedown of our most cherished, constitutionally enshrined institutions and beliefs, from the Supreme Court ("an arrogant elite in robes"), to the very concepts of civil rights, due process, and equal protection—all of which he argues are just pretenses for preserving a fundamentally rigged and inequitable status quo.

Rather than rely on the specific wording of a flawed and outdated document, rife with "Madison's mistakes," Seidman proposes instead a version that better reflects our shared values, and leaves it to people currently alive to determine how these values will play out in contemporary society.

From Parchment to Dust is a short, sharp, and iconoclastic book questioning the value (and ultimately the hypocrisy) of embracing the Constitution—which, after all, was written more than 230 years ago—as our moral and political lodestar.

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    • Publisher's Weekly

      August 16, 2021
      Seidman (On Constitutional Disobedience), a professor of constitutional law at Georgetown University, argues in this blunt and provocative treatise that the U.S. Constitution “promotes hypocrisy and dishonesty and encourages zero-sum and explosive disputes that threaten to drive us apart.” He posits that James Madison and other Framers, fearful of direct democracy, created a “diffuse and atomistic political system” that alienates ordinary people from their government and prevents the passage of gun control measures, campaign finance reform, and other legislation supported by large majorities of Americans. Seidman also critiques the culture of “mystification” surrounding the Supreme Court, ridicules the idea that politically appointed judges can be nonpartisan, and picks apart recent decisions that exacerbate tensions by formulating “ordinary political disputes in terms of ‘rights’ that are absolute and nonnegotiable.” Discussions of historical episodes including the Louisiana Purchase, Abraham Lincoln’s suspension of habeas corpus in 1861, and the 1925 Scopes monkey trial buttress Seidman’s arguments against constitutional fundamentalism, though his argument that the U.S. should switch to a “skeptic’s constitution” similar to the British system, which relies on a set of “customs, attitudes, practices, and mutually observed constraints” rather than a “single, integrated document,” feels more theoretical than practical. Still, this is a sharp-edged and well-informed takedown of one of America’s sacred cows.

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