We the People The Interbellum Constitution
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Jun 20, 2024 
Political theorist William B. Allen and author Alison LaCroix discuss the intellectual foundations of constitutional interpretation from the founding to the Civil War. They explore historical practice in interpreting the Constitution, debates over constitutional interpretation today, and the complexities of sovereignty and states' rights during the interbellum era.
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The Interbellum Period
- The period between the American Revolution and the Civil War, often overlooked, was a time of dynamic change in constitutional interpretation.
- It was an era of multiple federalisms, not a simple narrative of national power versus states' rights.
Constitution as a Dynamic Process
- The Constitution is not a fixed document but reflects a dynamic historical process of political fights and settlements.
- Its interpretation requires studying these historical and political transactions.
Marshall Court's Complexity
- John Marshall's Court wasn't simply nationalistic.
- Cases often involved a complex mix of federal, state, and local power, exemplified by Justice William Johnson's dissents.