Thinking like a Constitution

Rakove reflects on the multiple facets of constitutionalism to aid him in analyzing the evolution of American constitutionalism during the quarter century after 1776. "Thinking Like a Constitution" is the product of those reflections that has two broad meanings. First, it uses a single, much-studied, and critical moment in James Madison's evolution as constitutional theorist and "engineer" to describe certain intellectual attributes that help to explain not only his own distinctive talents but also his success in setting the agenda for constitutional reform in 1787. Second, it also entails identifying and analyzing ways in which Americans wrestled with the implications of living under a written constitution that would operate not as a mere super-statute or transitional device establishing institutions but rather as supreme fundamental law.