The Year of Living Constitutionally: One Man’s Humble Quest to Follow the Constitution’s Original Meaning by A.J. Jacobs
We the People of the United State, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Thus begins the inspiration for A.J. Jacobs latest work, The Year of Living Constitutionally: One Man’s Humble Quest to Follow the Constitution’s Original Meaning.
The author has decided to live for a year following the original meaning of the U.S. Constitution with its grammar and spelling eccentricities (he spell-checked it). This concept is not new to Jacobs. The journalist also took a stab at living biblically for a year. The constitution is considerably shorter than the bible, a mere 4543 words, but provides multiple ways to interpret its content.
To get himself into the proper frame of mind Jacobs made some changes. As a journalist communication is very important to him so how did people communicate in 1787 and how was the constitution recorded? – quill and ink. So, communication, and this book, were written with his quill. Also, in keeping with the constitutional theme, the book doesn’t have chapters but articles and sections.
He established his rules for the year. To paraphrase he will express his constitutional rights using the technology and mindset of the time when it was ratified; he will follow all federal and state laws, past and present, under an ultra-originalist interpretation of the Constitution; he will only engage in activities that would be possible in ultra-originalist America; and he shall alert others when they do something not protected by that same ultra-originalist interpretation. This last rule may not go over well.
Jacobs donned a tricorne hat and joined a reenact group to fight in a revolutionary war battle. He also assembled a group of legal scholars from across the political spectrum. They help him understand the ways the constitution is interpreted and what the founders and amenders may have intended when they set our system of government.
The author has a little leeway in that he is also following the changes made through amendment. As noble as the founders were, they were all free white men and wrote the document as such. They recognized “Person held to Service or Labour” and of course only white men could vote.
He stated his year on Election Day in 2022 and since he is honoring the amendments his wife could accompany him to vote. While his intent to vote aloud was thwarted they did get to exercise their constitutional right. Besides voting being vocal it was also a festive occasion with music, parades, adult beverages and cake!
The election cake according to a 1796 recipe contained cinnamon, cloves, raisins, and nutmeg. He and his son baked it and got a surprising number of voters to eat cake. His goal for the 2023 election is to get election cake served in all 50 states. This goal is going to be tough to accomplish with quill and ink. His cousin is a baker and offers to take over the search for bakers with the caveat that cloves is optional.
One of the amendments he is eager to explore is the third. British soldiers quartered in your home whether you wanted them there or not. This amendment says you have the right to consent or not. It probably wasn’t near as hard in the eighteenth century to find a soldier willing to accept free lodging from a stranger.
A trip to observe the Supreme Court in action leads to thoughts on the power the court has and is a theme that will reoccur. In interpreting laws and the constitution does and should the court follow originalism or living constitutionalism. Should we hold to the original intent of the document or is the constitution a living document that adapts to current values and circumstances?
One of the more archaic parts of the constitution is the right to have Congress issue you a letter of Marque and Reprisal. Jacobs doesn’t own a boat but can borrow one so he submits his application to become a privateer to Congressman Khanna. He promises to detain and seize any seafaring vessel believed to be operated by an enemy of the United States.
Muskets, pillories, the right to assemble, and amending the constitution are among other topics explored. Jacobs is an amusing writer and not afraid to poke fun at himself. He is also well informed and gives you a lot to ponder whether you are an originalist, a living constitutionalist or somewhere in between.
Review by Patty Crane, Reference Librarian