Forging the American Nation, 1787-1791

1. Front Matter

   Pages i-xx

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2. America’s First Constitution: State Over Nation

   • Shlomo Slonim

   Pages 1-13

3. The Road to Philadelphia: Nationalists in Search of Energy and Supremacy

   • Shlomo Slonim

   Pages 15-30

4. The Constitutional Convention: Nation Over State Within a Federal Framework

   • Shlomo Slonim

   Pages 31-57

5. Delimiting the Scope of National Authority

   • Shlomo Slonim

   Pages 59-84

6. Three Dissenting Fathers: The First Salvo in the Antifederalist Campaign

   • Shlomo Slonim

   Pages 85-103

7. The Antifederalist Drive to Reinstitute State Over Nation

   • Shlomo Slonim

   Pages 105-125

8. Three Ratification Contests: The Fate of the Union in the Balance

   • Shlomo Slonim

   Pages 127-162

9. Madison and the Threat of a Second Constitutional Convention

   • Shlomo Slonim

   Pages 163-178

10. The Bill of Rights in Congress: Madison’s Race Against Time

    • Shlomo Slonim

    Pages 179-193

11. The Tenth Amendment: Nation Over State Preserved

    • Shlomo Slonim

    Pages 195-204

12. Postscript: Federalism Tested: Madison v. Marshall and the Antifederalist Revival

    • Shlomo Slonim

    Pages 205-227

13. Back Matter

    Pages 229-273

    PDF

This book presents an original historical-legal analysis of the adoption of the Constitution and the Bill of Rights. Drawing upon James Madison’s own minutes of the 1787 Convention, it focuses on Madison’s crucial role in shaping a bill of rights that would both reserve the states’ powers and confirm the implied powers doctrine for the federal government. This comprehensive work is indispensable for understanding the origins of the federal system of government and its impact on later developments in the United States.  

• James Madison
• U.S. Supreme Court
• adoption of the Constitution
• Articles of Confederation
• early American government
• implied powers doctrine
• Bill of Rights
• Tenth Amendment
• reserved powers clause
• judicial review
• constitutional interpretation
• Dual Federalism
• New Federalism
• legislative veto
• states' rights
• us politics

“This volume is a thoroughly researched and vigorously argued study of how American federalism originated in the formation of the Constitution and the Bill of Rights. No one is more conversant in the literature on this subject than Professor Slonim. His portrayal of James Madison as a centralizing nationalist who subsequently abandoned his principles is provocative but merits serious consideration. This work has implications for the ‘new federalism’ jurisprudence espoused by conservative justices of the Supreme Court.” (Charles Hobson, editor of the Madison Papers and author of The Great Yazoo Lands Sale, 2016)

“A valuable and illuminating study of the US Constitution, particularly with regard to what may be its most important and perplexing aspect—federalism. Slonim is particularly insightful concerning the twists and turns in the thought of James Madison (and therefore, the key controversies in American political and constitutional thought).” (Sanford Levinson, Garwood Professor of Law, University of Texas Law School and author of An Argument Open to All: Reading The Federalist in the 21st Century, 2016)

“This study forces us to take a fresh look at the old story of America's constitutional beginnings.” (Peter Onuf, Thomas Jefferson Professor of History, Emeritus, University of Virginia, USA)

“One might think that there are not many new things to be said about the creation and ratification of the U.S. Constitution, but Shlomo Slonim’s account of this process sparkles and bristles with original and provocative insights. It combines vivid intellectual portraits of the leading participants with masterful accounts of the underlying forces that shaped their views and determined the effectiveness of their arguments.  The book is filled with incisive ideas at every stage of its account.  Professor Slonim demonstrates that the Constitutional Convention was motivated by a radically nationalist vision, that the federalism of the resulting document (with its balance between state and national power) sprang largely from Southern efforts to protect slavery, that the drafters’ success in resolving the debate between state and national power blinded them to the demand for a bill of rights, that this demand formed the basis of the antifederalist opposition to ratification, and that Madison introduced and championed the Bill of Rights in the First Congress to forestall antifederalist efforts to call a second constitutional convention or enact amendments that would hobble the new national government.  Because it combines a wealth of information with true depth of analysis, this book is essential reading for anyone interested in the history of the U.S. Constitution or in its current interpretation.” (Edward L. Rubin, University Professor of Law and Political Science, Vanderbilt University, USA)

• Hebrew University of Jerusalem, Jerusalem, Israel

  Shlomo Slonim

Shlomo Slonim (LLB Melbourne, PhD Columbia) is the James G. McDonald Professor of American History, Emeritus, at the Hebrew University of Jerusalem. 

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