New Books in Law

Mark Peterson, "The Making and Breaking of the American Constitution: A Thousand-Year History" (Princeton UP, 2026)

13 snips
May 9, 2026
Mark Peterson, Edmund S. Morgan Professor of History at Yale and historian of early America, explores the Constitution’s medieval land-based roots and its evolution. He traces ties to the Domesday Book, the role of territorial expansion, and how industrialization and urbanization strained an agrarian framework. The conversation flags the widening gap between a static text and a changing nation.
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INSIGHT

Constitution As A Land-People Relationship

  • Constitutions are relationships between land, people, and written texts, not just texts alone.
  • Mark Peterson traces this to the Domesday Book which recorded land, production, and how resources support governance in medieval England.
INSIGHT

Colonists Projected English Land Orders Onto Native Lands

  • American constitutional practices imported English landholding and charter systems to colonies, shaping U.S. governance.
  • Unlike England, North American land was not pre-surveyed, so colonists transformed Indigenous land into revenue-yielding property to fit English models.
INSIGHT

Founding As An Ongoing Realignment

  • Founding is a process not a single 1787 event; states first rewrote charters and formed the Articles before the Philadelphia convention.
  • The Constitution acted as a realignment to empower national government to manage territorial expansion.
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