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America’s Forgotten Constitutions: Defiant Visions of Power and Community Hardcover – April 29, 2014

4.7 4.7 out of 5 stars 3 ratings

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The U.S. Constitution opens by proclaiming the sovereignty of all citizens: “We the People.” Robert Tsai’s gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion―the defiant groups that refused to accept the Constitution’s definition of who “the people” are and how their authority should be exercised.

America’s Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines the alternative Americas envisioned by John Brown (who dreamed of a republic purged of slavery), Robert Barnwell Rhett (the Confederate “father of secession”), and Etienne Cabet (a French socialist who founded a utopian society in Illinois). Other dreamers include the University of Chicago academics who created a world constitution for the nuclear age; the Republic of New Afrika, which demanded a separate country carved from the Deep South; and the contemporary Aryan movement, which plans to liberate America from multiculturalism and feminism.

Countering those who treat constitutional law as a single tradition, Tsai argues that the ratification of the Constitution did not quell debate but kindled further conflicts over basic questions of power and community. He explains how the tradition mutated over time, inspiring generations and disrupting the best-laid plans for simplicity and order. Idealists on both the left and right will benefit from reading these cautionary tales.


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Editorial Reviews

Review

“Engaging to read… [Tsai’s] picture is far richer than the grim founder worship usually found in American political orthodoxy… For Tsai’s constitution writers, the U.S. Constitution stands as an obligatory model, something they necessarily define themselves in relation to. All designed some sort of republic. All detailed mechanisms for ‘popular decision making, divided powers, and enumerated rights.’ And all, in the end, underline just how largely the Constitution figures in the American political imagination: less a charter of freedom than a document of power.”Tom Arnold-Foster, Daily Beast

“Offers a refreshing and innovative take on a centuries-old topic… These stories of ‘forgotten constitutions’ offer a tantalizing glimpse into the power of the written word in shaping American political discourse and ideas, both popular and philosophical, about American society. This is not merely a collection of assorted oddities or constitutional anecdotes from America’s political margins, however. Taken together, they comprise a chronological narrative of some of the key issues galvanizing political activism throughout the past 200 years of American history… By exploring the efforts of those who went beyond mere intellectual debate, and who actually tried to build alternative nations or states within the U.S., Tsai offers a unique vantage into the ideological struggles underpinning American history and politics… These constitutional efforts all represent efforts by everyday Americans to take charge of the society immediately surrounding them, express their grievances with the status quo and literally re-write the conditions of their lives.”
Hans Rollman, PopMatters

“Offers an enlightening, refreshing take on constitutional history that is accessible to legal veterans and newcomers alike.”
Harvard Law Review

“Tsai recovers extensive and diverse traditions of alternative constitution writing from across the political spectrum. He thus highlights the deep plurality of American constitutional culture as well as the centrality of dissident chords in shaping our legal and political institutions. The book is a remarkable feat of excavation, one that offers a much-needed corrective to the conventional histories of American constitutionalism―histories that deemphasize the vitality and importance of popular suspicion toward the federal Constitution.”
Aziz Rana, Texas Law Review

“Magisterial…surely one of the most captivating works on American political thought and American constitutional history to be written in the last several years.”
Susan McWilliams, Tulsa Law Review

“Tsai examines eight instances of dissenting constitutions written by groups representing cultural attitudes out of the norm seeking unconventional sovereignty… The author succinctly explains each of these constitutions with the thoroughness of a legal mind and writing that avoids legalese.”
Kirkus Reviews

“Tsai has selected eight transformative legal texts to show how legality and social process interact in dissident communities and diverse settings. The documents represent an astonishing array of ideologies from utopian socialism and internationalism to Confederate and black power movements. Using an analytical framework based on categories of sovereignty and self-rule, each chapter considers the historical significance and dynamic growth of its community, culminating in marginalization or integration of its philosophies into the broader legal and political culture of this nation. The organization is historical, beginning with 19th-century social campaigns to nascent Aryan nation communities. The author successfully demonstrates the difficulties of establishing and maintaining alternative legal cultures even with strong, visionary leadership… A deft, readable investigation of this country’s complex legal traditions with lessons for contemporary fringe groups.”
Library Journal

“Tsai’s recovery of the constitutional plans of dissenting political communities challenges our sense of a stable constitutional history.
America’s Forgotten Constitutions masterfully exposes the disturbingly shaky foundations of constitutional identity; yet it also shows the (mildly reassuring) consistency of constitutional thinking, even among white supremacists, land-grabbers, and moralistic ideologues.”Sarah Barringer Gordon, author of The Spirit of the Law: Religious Voices and the Constitution in Modern America

“For two centuries, dissenters from the American mainstream have drawn inspiration from the U.S. Constitution―and chafed at it. Tsai elegantly maps the margins of our constitutional landscape to reveal one of the Framers’ great forgotten legacies. A brilliantly conceived book.”
John Fabian Witt, author of Lincoln’s Code: The Laws of War in American History

About the Author

Robert L. Tsai is Professor of Law at American University.

Product details

  • Publisher ‏ : ‎ Harvard University Press (April 29, 2014)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 368 pages
  • ISBN-10 ‏ : ‎ 0674059956
  • ISBN-13 ‏ : ‎ 978-0674059955
  • Item Weight ‏ : ‎ 1.5 pounds
  • Dimensions ‏ : ‎ 6.38 x 1.13 x 9.56 inches
  • Customer Reviews:
    4.7 4.7 out of 5 stars 3 ratings

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Robert L. Tsai
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Robert L. Tsai is Professor of Law & Alumni Scholar at Boston University. His work spans the fields of constitutional law, legal history, and democratic theory. Tsai’s essays have appeared in Politico, New York Review of Books, Washington Post, Boston Globe, Boston Review, Slate, and L.A. Review of Books. In March 2024, W.W. Norton will publish “Demand the Impossible: One Man's Pursuit of Equal Justice for All,” which explores the remarkable career of Stephen B. Bright, former Legal Director of the Southern Center for Human Rights and lifelong advocate for the poor. Tsai’s last book, "Practical Equality: Forging Justice in a Divided Nation" (W.W. Norton 2019 & 2020) examined how to do the hard work of equality in a time of ideological polarization and was featured in the New Yorker and MSNBC’s Morning Joe. Tsai is also the author of "America's Forgotten Constitutions: Defiant Visions of Power and Community" (Harvard 2014) and "Eloquence and Reason: Creating a First Amendment Culture" (Yale 2008). He has been a guest on Meet the Press, ABC News, and NPR.

Customer reviews

4.7 out of 5 stars
4.7 out of 5
3 global ratings

Top review from the United States

Reviewed in the United States on May 5, 2014
I've always thought it interesting when people state their vision of what the world could be. If they are really serious about that vision, they will express it in political terms through a written constitution, laying out the structure of a government that will promote the kind of society they dream about. Robert Tsai here tells the stories of eight of these efforts. These run from the practical to the utopian and on to the purely radical.

Indian Stream was a small republic tucked between New Hampshire and Canada. In the early days of America, the borders between the U.S. and our northern neighbor were unclear, which, in turn, resulted in land title disputes. Unable to get the issues resolved by any existing governmental authority, they decided to form their own system until such time as they could figure out who they belonged to. I thought this was the most interesting of the stories. It certainly seemed to be the most American, with pioneers taking their governance into their own hands. Besides the Confederate constitution (also included in the book) it is the only charter that was used in a practical, governing application.

The Icarian charter is also included, and was put to practical use, albeit exclusive to the colonies run by the French socialists. This apparently worked well for them as they became the longest running utopian movement based in the U.S.

The proposed constitution for the State of Sequoyah documents Native American efforts at self-rule in Oklahoma before statehood. Unfortunately, in needing Congressional approval, the authors made it look like any other contemporary state constitution. More interesting in this chapter was the description of the Okmulgee Constitution. This document was created after the Civil War as a very tribal-centric charter.

Radical movements that wrote prospective charters are John Brown's Provisional Constitution for use after the rebellion fostered by Brown and his supporters, the New Afrika movement to create a new republic out of the American South, and the Aryan Pacific Northwest Homeland. None of these ever had a chance of being used in the real world, but their stories are interesting, if sometimes scary.

A Charter for the World was the most pretentious of all. Written after WWII by a group of liberal academics and bureaucrats, it's purpose was to eliminate war by creating a One World government. When you get a bunch of know-it-alls in the same room to talk about what's best for the rest of us, watch out.

The book would have been enhanced by including the actual text of the charters included so the reader could make his own interpretations of the documents. It was a disappointing omission.

America's Forgotten Constitutions is an informative book and the stories are well told. One could argue for the inclusion of other constitutions with equally interesting stories, but Prof. Tsai chose these, and it is his book. If you are interested in how visionaries, dreamers, and pioneers put structure to their ideas, this book is a good read.
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