New Books In Law

The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders’ Constitution, 1780s-1830s (Cambridge University Press, 2019) is the first book to unite a top down and bottom up account of constitutional change in the Founding era. Gerald Leonard, Professor of Law at Boston University School of Law, and Saul Cornell, Paul and Diane Guenther Chair in American History at Fordham University, focus on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury vs Madison in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male e