Rakove (History/Stanford Univ.; The Beginnings of National Politics, 1979, etc.) demonstrates the historical and theoretical complexity of the seemingly simple notion of a ``jurisprudence of original intention''—the theory that judges can interpret the Constitution solely by reference to the opinions of its framers. Since the 1980s, conservative legal scholars (e.g., Robert Bork) have espoused ``originalism'' in constitutional interpretation. Adding historical perspective to the legal debate, Rakove here dispels the idea that the Founding Fathers were a monolith; by examining the personal roles of the founders, particularly James Madison, who exercised perhaps the most significant influence over the framing of the Constitution, Rakove shows that the framers were a diverse lot, variegated in their view of the polity they had created. Cmpromise was integral to the politics of constitution-making, Rakove shows, and the need to forge a workable document took precedence over theoretical consistency. The survival of slavery was the most notorious, but not the only, matter on which the framers compromised; the very nuances of federalism itself were unaddressed, leaving a theoretical debate that contributed to the Civil War. Rakove seems to suggest that some of the framers (Jefferson, with his contempt for tradition, stands out), forthright as they were in recreating their political union after the failed Articles of Confederation, would be puzzled at our tendency to worship their creation. Rakove appears to contend that the Constitution was intended to be a living document, not a static, once-and-for-all enumeration of all individual rights and federal powers. ``How,'' asks the author rhetorically, ``could those who wrote the Constitution possibly understand its meaning better than those who had the experience of observing and participating in its operation?'' A unique contribution to the historical and legal debate surrounding the Constitution.
Pub Date: April 9, 1996
ISBN: 0-394-57858-9
Page Count: 448
Publisher: Knopf
Review Posted Online: May 19, 2010
Kirkus Reviews Issue: March 1, 1996
BOOK REVIEW
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.
Greed, depravity, and serial murder in 1920s Oklahoma.
During that time, enrolled members of the Osage Indian nation were among the wealthiest people per capita in the world. The rich oil fields beneath their reservation brought millions of dollars into the tribe annually, distributed to tribal members holding "headrights" that could not be bought or sold but only inherited. This vast wealth attracted the attention of unscrupulous whites who found ways to divert it to themselves by marrying Osage women or by having Osage declared legally incompetent so the whites could fleece them through the administration of their estates. For some, however, these deceptive tactics were not enough, and a plague of violent death—by shooting, poison, orchestrated automobile accident, and bombing—began to decimate the Osage in what they came to call the "Reign of Terror." Corrupt and incompetent law enforcement and judicial systems ensured that the perpetrators were never found or punished until the young J. Edgar Hoover saw cracking these cases as a means of burnishing the reputation of the newly professionalized FBI. Bestselling New Yorkerstaff writer Grann (The Devil and Sherlock Holmes: Tales of Murder, Madness, and Obsession, 2010, etc.) follows Special Agent Tom White and his assistants as they track the killers of one extended Osage family through a closed local culture of greed, bigotry, and lies in pursuit of protection for the survivors and justice for the dead. But he doesn't stop there; relying almost entirely on primary and unpublished sources, the author goes on to expose a web of conspiracy and corruption that extended far wider than even the FBI ever suspected. This page-turner surges forward with the pacing of a true-crime thriller, elevated by Grann's crisp and evocative prose and enhanced by dozens of period photographs.
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.Pub Date: April 18, 2017
ISBN: 978-0-385-53424-6
Page Count: 352
Publisher: Doubleday
Review Posted Online: Feb. 1, 2017
Kirkus Reviews Issue: Feb. 15, 2017
BOOK TO SCREEN
BOOK TO SCREEN
BOOK TO SCREEN
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
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