Abstract
Founders’ difficulties in creating a new nation; book’s three main objectives; support for additions and revisions of the Constitution, with justifications by the Founders and necessary adaptations to evolving social conditions; problems in American society; Constitutional interpretation, pragmatism and Richard Posner’s pragmatism; faulted theories of constitutional interpretation.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
Martha C. Nussbaum, Liberty of Conscience: In Defense of America’s Tradition of Religious Equality (New York: Basic Books, 2008), 126,
- 2.
Ibid., 111.
- 3.
Federalist No. 34, 139. Hamilton, the Constitution must “calculate future exigencies.”
- 4.
The Republic of Letters. The Correspondence between Thomas Jefferson and James Madison 1776–1826. Volume one. James Morton Smith editor. (New York and London: W. W. Norton and Company, 1995), 597. Hereafter this volume will be abbreviated “RL.”
- 5.
In all references to the Constitution, the Bill of Rights, the Federalist and Anti-Federalist papers, for convenience’s sake I have utilized the one volume edition containing these documents: Documents of Revolution: Common Sense, The Complete Federalist and Anti-Federalist Papers, The Articles of Confederation, the U. S. Constitution, The Bill of Rights. Independently published, printed in Monee, Illinois, 2020. ISBN-13 : 979-8647043054 There are some errors in printing but nothing that alters the original texts. There are at least six versions of this text with some variation in page numbering.
- 6.
Federalist Nos. 78, 292.
- 7.
RL, 34.
- 8.
Federalist No. 40, 164.
- 9.
Federalist No. 49, 200–201.
- 10.
Ibid., 201.
- 11.
Federalist No. 14, 78.
- 12.
No notes from club meetings exist.
- 13.
William James credits Peirce with being the founder of pragmatism. Peirce published two articles delineating what pragmatism means: “The Fixation of Belief” and “How to Make Our Ideas Clear.” In the “Fixation” essay, Peirce describes belief as a springboard to action, a restful state of mind, and satisfying. The opposite of belief is doubt—irritating, restless, and impeding action. If, for example, I believe my car is in the parking lot outside my building, then that is the way I’ll walk when I am finished for the day. In the “Ideas Clear” essay Peirce explains that what clarifies ‘hardness’ of mineral substances is scratching (Mohs Scale of Hardness). William James praised the fact that practice implicates the body’s role in doing. Later another pragmatist, John Dewey, will emphasize that an end or goal is vague until the means are specified.
- 14.
Peirce describes pragmatism as the correct epistemology for incorporating science. Scientists test hypotheses in terms of their consequences, and these results are reviewed by a community of similarly focused inquirers. This is why scientific method is praised—it is self-corrective and yields countless benefits to societies.
- 15.
Ricard A. Posner, The Problems of Jurisprudence (Cambridge, MA: Harvard University Press, 1990). Also, Law, Pragmatism, and Democracy (Cambridge, MA and London, England: Harvard University Press, 2003).
- 16.
Ibid., 299.
- 17.
Richard A. Posner, Law, Pragmatism, and Democracy (Cambridge, Massachusetts and London: Harvard University Press, 2003.
- 18.
Ibid., 59.
- 19.
In re Winship, 397 U. S. 358 at 378 (1970).
- 20.
Robert H. Bork, “The Original Understanding,” in Contemporary Perspectives on Constitutional Interpretation. Susan J. Brison and Walter Sinnott-Armstrong editors (Boulder, San Francisco, Oxford: Westview Press, 1993), 52.
- 21.
Wallace v. Jaffree, 478 U. S.38 at 113 (1985).
- 22.
Martha C. Nussbaum, Liberty of Conscience. In Defense of America’s Tradition of Religious Equality (New York: Basic Books, 2008), 109–110.
- 23.
See Ted Honderich’s array of criticisms of political conservatism in his Conservatism: Burke, Nozick, Bush, Blair (London and Ann Arbor, Pluto Press, 2005).
- 24.
“Janus v. American Federation of State, County, and Municipal Employees, Council 31.” Oyez, www.oyez.org/cases/2017/16-1466. Accessed 3 Sep. 2022. Where is Justice or fairness in the majority’s list? For the Abood precedent to Janus, see Chap. 11.
- 25.
A clear example of changing social conditions is the status of many women prior to the 1960s. Prior to that time monogamous, heterosexual marriages typically involved the bread-winning husband and the stay-at-home wife. Birth control pills did not exist. So, if a woman became pregnant, she was expected to give birth. Single pregnant women were guilty of irresponsible behavior. Laws prevented abortions. Coat hangers and arsenic ruled the day, along with meetings at sleazy motels with strangers who may or may not have the required medical knowledge to properly perform an abortion. Then, beginning in the 1960s, economic conditions began to change. The American dream now began to require both husband and wife to earn income. Feminists voiced the need for freedom from oppression and exploitation. Women began to think about what careers they wanted to achieve for themselves. A sexual revolution was underway with the introduction of birth control pills and intra-uterine devices. For many single women having an unplanned baby was a detriment, even a disaster, to their plans and dreams. Women pleaded their case that what they do with their own bodies is their private concern. The Neurosciences made available results of research into the nature of fetuses at various stages of development. Now, Roe v. Wade became the correct ruling given the social conditions just described.
- 26.
Founders Archives, Thomas Jefferson to “Henry Tompkinson” (Samuel Kercheval)), July 12, 1816. Access at: https://founders.archives.gov/documents/Jefferson/03-10-02-0128-0002
- 27.
Posner, The Problems…104.
- 28.
Ibid.,437.
- 29.
Ibid., 440.
- 30.
Ibid., 457.
- 31.
Ibid., 465 and 467.
Author information
Authors and Affiliations
How to Read the New Updated Constitution
How to Read the New Updated Constitution
All additions and revisions are in bold face type.
-
1.
Original Constitution: Sentences, words are not in bold face type.
-
2.
Original Constitution: Article and section numbering are not in bold face type. For the most part, it was not possible to retain the same numbering as in the original Constitution.
-
3.
New Updated Constitution: Additions, and revisions are in bold type.
-
4.
The New, Updated Constitution: Article and section numbering are in bold face type.
-
5.
The new Constitution is a normative revision of the original Constitution.
-
6.
All additions and revisions in the updated, normative Constitution are copyrighted by Michael H. DeArmey. All sixteen chapters authored by Michael H. DeArmey are copyrighted by Michael H. DeArmey. ©
Rights and permissions
Copyright information
© 2023 The Author(s), under exclusive license to Springer Nature Switzerland AG
About this chapter
Cite this chapter
DeArmey, M.H. (2023). Introduction: Rebirth of America Through Constitutional Enrichment. In: The Constitution of the United States Revised and Updated. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-40426-9_1
Download citation
DOI: https://doi.org/10.1007/978-3-031-40426-9_1
Published:
Publisher Name: Palgrave Macmillan, Cham
Print ISBN: 978-3-031-40425-2
Online ISBN: 978-3-031-40426-9
eBook Packages: Religion and PhilosophyPhilosophy and Religion (R0)