Preview

Beard Vs Commager Analysis

Good Essays
Open Document
Open Document
1080 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Beard Vs Commager Analysis
My position on the Beard V Commager debate is on Beard’s side. He believed that the Constitution was an economic document that was set up by the founding fathers so that the government could achieve economic results that benefit their personal interests. On the other hand Commager believed the Constitution is essentially a political document, carefully created to stand for years to come and to serve as an example of democracy for people around the world. In the text Beard supports his thesis by giving evidence of the economic interests of elite who wrote the Constitution, and then showing how the structure of the government benefits these specific interests. Commager supports his thesis by naming the two problems that the Constitution worked …show more content…
This fact is acknowledged by the Virginia Law School conferees. Introducing the symposium, constitutional law professor Mark Graber quotes Richard Hofstadter’s rueful 1968 observation that “Beard’s reputation stands like an imposing ruin in the landscape of American historiography.” He cites historian Gordon S. Wood dismissal of Beard’s economic determinist research method as “so crude that no further time should be spent on it.” Graber states that “no contemporary scholar claims that Beard in 1913 correctly mapped the lines of conflict.” In Graber’s view, the debate over An Economic Interpretation has shifted from a controversy over Beard to a controversy over “uber-Beard.” This allusive term refers to scholars who believe economic interests are the central force, and that they have had valuable normative consequences for American constitutional development. Critics of “uber-Beardian” analysis retort that this discounts the independent influence of ideas on constitutional development. Beard was a fair-minded scholar, committed to “balanced analysis,” who believed that all parties to constitutional conflict were moved by economic interests rather than high …show more content…
It left out “the whole area of experience in which ideas and interests are jumbled to a degree that the effort to divorce and counterpose them becomes an artificial imposition [on] the realities of history.”
Beard contributed significantly to the revolution in constitutional history and theory that reduced legal principles and judicial decision-making to social and economic forces.
In White’s view, Progressive legal realism brought “skepticism toward the ideal of a ‘rule of law’ in American culture that transcended and constrained the particularistic attitudes and agendas of legal decision makers.” Beard and other Progressive historians imposed “their modernist preconceptions about history, law, judicial decision making, and constitutional interpretation on events from earlier time periods.” Historian Jonathan Gienapp addresses the historiographical dimension of Beardian thought. But he also rejects the universalism of economic determinism.Beard, he asserts, “remains as vital as

You May Also Find These Documents Helpful

  • Good Essays

    Individuals overlook the importance of legal history because the central emphasis is on the current state of law. It is vital to recognize that today’s equitable judicial system was not formed through one rapid notion but rather many unconventional propositions extending over a period of…

    • 435 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In the article, Framing the Constitution, Charles Beard had a very strong opinion on the Constitution and the motives of the framers. He believed that this document was written by the rich landowners, creditors, merchants, public bondholders, and lawyers, whose motives were to protect their wealth and property. Beard said that the reason the framers were against having majority rule was because they didn't want the majority to "overthrow" the rich framers of the time. This critical and different opinion of the Constitution and its framers is contrary to most modern belief. The framers had the "best minds" and mainly advocated the idea of "self-government". The idea of federalism in a republic was an innovative system.…

    • 426 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Charles Beard’s article, Framing the Constitution, alleges the members of the Constitutional Convention in Philadelphia were “disinterested” in providing basic rights for citizens. He stated that the framers of the Constitution of the United States were only concerned in improving their own economic well–being and personal agendas. Therefore, providing information of the events that led up to the Philadelphia Convention and an overview of the Constitution will dismiss his statements, and state his article was a self-serving, conspiracy theory.…

    • 780 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Sup dowg

    • 420 Words
    • 2 Pages

    "An Economic Interpretation of the Constitution of the United States," is a 1913 book by American historian Charles A. Beard. It argues that the structure of the Constitution of the United States was motivated primarily by the economic interests of the Founding Fathers. Beard pointed out, for example, that George Washington was the wealthiest landowner in the country, and had provided significant funding towards the American Revolutionary War. Beard traces the Constitutional guarantee that the newly formed nation would pay its debts to Washington's desire to have his costs refunded.…

    • 420 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In this essay, Tribe and Dorf describe our nation’s Constitution as a document that continues to dynamically work to achieve a balance between governmental power and individual liberty. Founding fathers like Madison and Jefferson also look to the constitution as a distinct outline, instead of a blueprint. The amendments and bills that comprise it tend to be very vague and open to interpretation of what some definitions actually mean. This leads to a lot of disputes throughout history of what the Constitution and its words stand for.…

    • 436 Words
    • 2 Pages
    Good Essays
  • Good Essays

    He argues that a proper use of “substantive due process,” with an understanding of natural rights as expressed in the Declaration, will guarantee individual liberty, and while he may be right he countermands himself in a way in which he tries to stop the expansion of government and thus shrink it. His solution instead would expand certain aspects of power that the federal government…

    • 598 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Charles Beard published An Economic Interpretation of the Constitution of the United States on whether the Constitution's backers simply concerned for the nation or were they interested in protecting their own material interest. He also describes that questioning the motives of the Constitution's supporters, it also demonstrated how important our interpretations of the past could be.…

    • 799 Words
    • 4 Pages
    Good Essays
  • Better Essays

    What poses antagonism, are arguments over whether that decision was just, fair, or moral. In the mindful opinion of this writer, the legal conclusion was completely unethical. Abraham Lincoln delivered a series of oppositional speeches and declarations after the fact. Dyer’s article assigns a commentary which discusses how certain modern scholars try and paint Lincoln’s sentiment another way, against what he truly felt about the situation, and his true moral disgust. Dyer emphasizes that Lincoln had a huge respect for the law, and legal principles based upon natural law, truth, and fairness.9 Dyer states of Lincoln’s love of the law, prior to Dred Scott, as “A younger Lincoln had taught that respect for law – even bad law – was the central doctrine in American civil religion…In a his famous Lyceum Speech in 1838, Lincoln declared, ‘Let ever American, every lover of liberty,”10 never violate the country’s laws. But even then, prior to Dred Scott in that same speech, Lincoln distinguishes that some laws are so badly legislated and need immediate repeal. The national debate, after the dust of the Dred Scott decision had dispersed, centered upon “the territorial question of slavery.”11 Thus, proving judicial authority can falter, in terms of ethics and legal balance, the Dred Scott Decision remains a hot topic among historians and…

    • 1085 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    The Revolution was “radical in its character,” according to Bancroft, because it hastened the advance of human beings toward a millennium of “everlasting peace” and “universal brotherhood.”…

    • 1830 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    Madaras, Larry, and James M. SoRelle. Taking Sides: Clashing Views in United States History. Dubuque, Iowa.: McGraw-Hill, 2006. Web.…

    • 1110 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    In Charles A. Beard’s article, “Framing the Constitution,” he suggested that there is a dichotomy between the values of the Constitution and those of the Declaration of Independence, who believed that the Constitution was a document that was only created to protect the framers’ wealth. He articulated that the reason rich framers wanted to protect against majority rule was to prevent the majority from overthrowing the rich. His purpose was to examine the circumstances and conflicting goals and ideals of the time, and how they were resolved and agreed upon in the Constitution. His analysis was very persuasive, as it effectively argued that importance of the circumstances at hand, as well as comprehensive, in that in articulates the issues and solutions of the time.…

    • 261 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    A written constitution is just a contract a pact between the government and its citizens isn’t? Contracts must be explicit, clear, and concise as to ensure all interested parties' rights and requests are reflected accurately. The Constitution should be treated in the same way. The government's powers should be limited to what's in the pact, nothing more and nothing less.…

    • 740 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Joan Biskupic’s novel In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, describes Scalia’s success as an influential conservative force in the Supreme Court, which conservative lawyer, Alfred S. Regnery, bolsters, expanding on William Rehnquist’s role in establishing the groundwork allowed for a major a shift towards right in courts, in The American Spectator article, “The Good Old Days”. Regnery begins by establishing he agrees with Biskupic’s assertions that Scalia has been the “most influential member”: “changing the terms of the debate at the Court” and influencing many. Regnery, however, submits that although the degree of Scalia’s achievements hadn’t been accomplished before, Rehnquist, in fact…

    • 448 Words
    • 2 Pages
    Good Essays
  • Good Essays

    On the heels of the revolutionary war and the failed attempt of a national government (The Articles of Confederation), the leaders of the United States set to make a stronger, centralized government, with dual sovereignty between the national government and the states. The rules of this governing body would be laid out in a document called the Constitution. Although most leaders supported the constitution they did not agree on many aspects of it. Out of the disagreement two groups emerged, the Federalist and the Anti-Federalist. The Federalist supported all aspects of the constitution and a larger national government, while the Anti-Federalist opposed ratifying the constitution and supported a smaller national government and more sovereignty to the states. This disagreement led to a fierce debate between the two groups that still resonates today. This essay will examine the primary…

    • 591 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Constitutional Timeline

    • 869 Words
    • 4 Pages

    The creation of the U. S. Constitution was not as easily done as some people would think. As with most things done in life, people learn by trial and error. There are many documents that are of great significance that attributed to the creation of the U.S Constitution. The five documents or events that helped with the creation of the United States Constitution was the Magna Carta (1215), the Mayflower Compact (1620), the Declaration of Independence (1776), the Articles of Confederation (1777), and the Federalist Papers (1787-1788).…

    • 869 Words
    • 4 Pages
    Good Essays