Friday, February 3, 2017

Magliocca Reviews Bilder's "Madison's Hand"

Gerard N. Magliocca, Indiana University Robert H. McKinney School of Law, has posted A Faction of One: Revisiting Madison's Notes on the Constitutional Convention, which is forthcoming in Law and Social Inquiry:
This Essay on Madison’s Hand: Revising the Constitutional Convention, Mary Bilder’s revisionist account (2016) of James Madison’s Notes on the Constitutional Convention argues that her central thesis, which is that Madison substantially revised the Notes long after the Convention adjourned, is groundbreaking but will have no effect on constitutional law. Madison’s Hand is groundbreaking because the book yields many powerful insights into the deliberations of the Convention and into the evolution of Madison’s thought. Nevertheless, constitutional practice in the Supreme Court and among elite lawyers is so divorced from the Notes that even a dramatic shift in their interpretation will not disturb the evolution of judicial doctrine applying the text written in 1787.

1 comment:

Shag from Brookline said...

This is a well done article, except at one point when Gerard referred to Bilder's revisionism. Originalists and non-originalists alike may hesitate to quote from Madison's Notes.