It’s been a good run, Constitution, but today, Constitution Day, the New York Times says it’s over.
Exactly 230 years ago, on Sept. 17, 1787, a group of men in Philadelphia concluded a summer of sophisticated, impassioned debates about the fate of their fledgling nation. The document that emerged, our Constitution, is often thought of as part of an aristocratic counterrevolution that stands in contrast to the democratic revolution of 1776. But our Constitution has at least one radical feature: It isn’t designed for a society with economic inequality.
Someone thinks of the Constitution as an aristocratic counterrevolution? Often? Who knew, besides Vanderbilt lawprof Ganesh Sitaraman. I thought it was just a bunch of New England dry-goods merchants who hated watching their profits taxed to pay for the cost of their protection. But then, I’m no scholar.
But Sitaraman’s “radical feature” is kinda ass-backwards. The colonies were up to their eyeballs in economic inequality, which makes the Constitution all the more remarkable as it somehow managed to not only accommodate it, but provide vast opportunity to overcome it. Equal protection, yo. Continue reading
