The Harvard Brief

The legal theory of constitutional originalism has attracted increasing attention in recent years as the US Supreme Court has tilted with the weight of justices who self-describe as originalists. In Against Constitutional Originalism: A Historical Critique (Yale UP, 2024), Jonathan Gienapp examines the theory and describes how it falls short of achieving the interpretive authority that it claims. Gienapp asserts that we need to reconstruct 18th century legal arguments as they were originally understood before judging them, while originalists reject historical understanding in favor of a more pliable textualist approach that allows them to impose their modern legal perspectives onto the past. This "have your cake and eat it too" methodology allows originalists to claim the authority of the Founders while simultaneously discounting anything that those same Founders may have said, done, or understood that doesn't appear among the approximately 7500 words of the Constitution itself.  This book speaks directly to originalists with a challenge to make a fundamental choice between recognizing how our modern constitutional practices distort the original constitution and embrace them for the modern fiction that they are, or recover the original Constitution that the Founders actually knew. Author recommended reading:  The Interbellum Consitution: Union, Commerce, and Slavery in the Age of Federalisms (Yale UP, 2024) by Alison L. LaCroixRelated resources:  The Structure of Scientific Revolutions by Thomas S. Kuhn Edwin Meese speech to the American Bar Association in 1985 Constitutional Faith by Sanford Levinson New Books Network interview with Jonathan Gienapp, when Derek Litvak spoke with him in 2019 about The Second Creation: Fixing the American Constitution in the Founding Era (Harvard UP 2018).

We are familiar with the idea of a formal representative, and perhaps the idea of a formal political representative readily comes to mind. Roughly, this is someone who has been selected by an official process to hold a political office where he or she is tasked with promoting, advocating, and speaking for a constituency. However, we are also familiar with informal representatives: those who speak for a constituency but are not appointed by formal processes. Once again, the idea of an informal political representative is probably familiar: rock stars and other celebrities commonly claim to “speak for” others with respect to distinctively political matters, and they are understood by the public to (informally) represent a constituency.Of course, there are lots of ways in which informal political representation can go wrong. Surprisingly, the topic has not been thoroughly theorized. Until now. In Speaking for Others: The Ethics of Informal Political Representation (Harvard University Press 2024), Wendy Salkin develops an intricate framework for thinking about informal political representation.

I was immediately drawn to the book The Devil’s Music by Dr. Randall Stephens, Associate Professor of British and American Studies at the University of Oslo. Dr. Stephens and I came across one another online and the book, which combines part rock n’ roll history, part American Christianity history, was an absolute delight for me. The Devil’s Music: How Christians Inspired, Condemned, and Embraced Rock n’ Roll out now from Harvard University Press (2018), tells the story of how my experiences with rock music in the 1990’s came to be. From the inside cover of the book, “When rock n’roll emerged in the 1950’s, ministers denounced it from their pulpits and Sunday school teachers warned of the music’s demonic origins. The big beat, Billy Graham believed, was “ever working in the world for evil.” Yet by the early 2000s Christian rock had become a billion-dollar industry. The Devil’s Music tells the story of this transformation. Enjoy our conversation.Greg Soden is the host “Classical Ideas,” a podcast about religion and religious ideas. You can find it on iTunes here.

China’s One Belt One Road policy, or OBOR, represents the largest infrastructure program in history. Yet little is known about it with any certainty. How can something so large be so bewildering?In One Belt One Road: Chinese Power Meets the World (Harvard East Asian Monographs, 2020), Eyck Freymann, a DPhil Candidate in China Studies at the University of Oxford, explores the nature, function, and purposes of OBOR. Drawing on primary documents in five languages, interviews with senior officials, and on-the-ground case studies in Sri Lanka, Tanzania, and Greece, Freymann sifts through the purposeful ambiguity of the Chinese Communist Party and unravels a series of popular myths about OBOR.He finds that OBOR is not controlled by a monolithic state apparatus; that recipient nations do not consider OBOR a debt trap; and that appeal of OBOR is growing, not shrinking.Ultimately, Freymann argues that the infrastructure projects are a sideshow to something else: Xi Jinping’s project to restore China’s greatness in world affairs and to solidify his place at the helm of the new Chinese empire. John Sakellariadis is a 2020-2021 Fulbright US Student Research Grantee. He holds a Master’s degree in public policy from the School of International and Public Affairs at Columbia and a Bachelor’s degree in History & Literature from Harvard University.

Indians, their former British rulers asserted, were unfit to rule themselves. Behind this assertion lay a foundational claim about the absence of peoplehood in India. The purported “backwardness” of Indians as a people led to a democratic legitimation of empire, justifying self-government at home and imperial rule in the colonies.In response, Indian anticolonial thinkers launched a searching critique of the modern ideal of peoplehood. Waiting for the People: The Idea of Democracy in Indian Anticolonial Thought (Harvard University Press, 2024) is the first account of Indian answers to the question of peoplehood in political theory. This new book by Nazmul Sultan shows how Indian political thinkers explored the fraught theoretical space between sovereignty and government in the nineteenth and twentieth centuries. From Surendranath Banerjea and Radhakamal Mukerjee to Mohandas Gandhi and Jawaharlal Nehru, Indian political thinkers offered novel insights into the globalization of democracy, and ultimately drove India’s twentieth-century political transformation.In this conversation, Sultan talks to host Yi Ning Chang about sovereignty and government, democracy and development, and the intellectual choices that laid the foundation of postcolonial democracy in the mid-twentieth century. Yi Ning Chang is a PhD Candidate in political theory at the Department of Government at Harvard University. She is writing a dissertation on the end of anticolonial politics. Through a study of 1950s–60s Southeast Asia, the project examines the relationship between critique and action, and the effects anticolonialism had on politics in the postcolony. She has wider interests in the history of twentieth-century political thought, the politics of resistance, and theory from the postcolonial world. Yi Ning can be reached at yiningchang@g.harvard.edu.

In the 1970s, the Mexican government acted to alleviate rural unemployment by supporting the migration of able-bodied men. Millions crossed into the United States to find work that would help them survive as well as sustain their families in Mexico. They took low-level positions that few Americans wanted and sent money back to communities that depended on their support. But as U.S. authorities pursued more aggressive anti-immigrant measures, migrants found themselves caught between the economic interests of competing governments. The fruits of their labor were needed in both places, and yet neither country made them feel welcome.Ana Raquel Minian explores this unique chapter in the history of Mexican migration. Undocumented Lives: The Untold Story of Mexican Migration (Harvard University Press, 2018) draws on private letters, songs, and oral testimony to recreate the experience of circular migration, which reshaped communities in the United States and Mexico. While migrants could earn for themselves and their families in the U.S., they needed to return to Mexico to reconnect with their homes periodically. Despite crossing the border many times, they managed to belong to communities on both sides of it. Ironically, the U.S. immigration crackdown of the mid-1980s disrupted these flows, forcing many migrants to remain north of the border permanently for fear of not being able to return to work. For them, the United States became known as the jaula de oro—the cage of gold.Lori A. Flores is an Associate Professor of History at Stony Brook University (SUNY) and the author of Grounds for Dreaming: Mexican Americans, Mexican Immigrants, and the California Farmworker Movement. 

There are some topics that historians know not to touch. They are just too hot (or too cold). The assassination of JFK is one of them. Most scholars would say either: (a) the topic has been done to death so nothing new can be said or (b) it’s been so thoroughly co-opted by nutty theorists that no sane discussion is possible. Thank goodness David Kaiser believes neither of these things, for if he did we would never have his thought-provoking The Road to Dallas. The Assassination of John F. Kennedy (Harvard UP, 2008). Taking a professional historian’s skills to documents old and new, Kaiser provides what is doubtless the best argument available that the assassination was in fact a conspiracy, though not the one you may know from a certain movie by Oliver Stone. He weighs each piece of evidence and builds his case point by point. Conclusions are never forced but follow naturally from the record. Not everyone will agree with Kaiser’s position, but it must be taken seriously by anyone interested in the topic. Kaiser has thrown down the gauntlet to those who believe Oswald acted alone. Now it is for other historians to take it up. PS: Read David’s blog “History Unfolding.” Please become a fan of “New Books in History” on Facebook if you haven’t already.

In recent decades, the study of the Eastern Roman Empire, also known as Byzantium, has been revolutionized by new approaches and more sophisticated models for how its society and state operated. No longer looked upon as a pale facsimile of classical Rome, Byzantium is now considered a vigorous state of its own, inheritor of many of Rome's features, and a vital node in the first truly globalized world.The New Roman Empire: A History of Byzantium (Oxford UP, 2024) is the first full, single-author history of the eastern Roman empire to appear in over a generation. Covering political and military history as well as all the major changes in religion, society, demography, and economy, Anthony Kaldellis's volume is divided into ten chronological sections which begin with the foundation of Constantinople in 324 AD and end with the fall of the empire to the Ottoman Turks in the fifteenth century. The book incorporates new findings, explains recent interpretive models, and presents well-known historical characters and events in a new light.

America’s waterways were once the superhighways of travel and communication. Coursing through a central line across the landscape, with tributaries connecting the South to the Great Plains and the Great Lakes, the Mississippi River meant wealth, knowledge, and power for those who could master it. In Masters of the Middle Waters: Indian Nations and Colonial Ambitions Along the Mississippi(Harvard University Press, 2019), Jacob Lee offers a new understanding of early America based on the long history of warfare and resistance in the Mississippi River valley.Lee, an Assistant Professor of History at Pennsylvania State University, traces the Native kinship ties that determined which nations rose and fell in the period before the Illinois became dominant. With a complex network of allies stretching from Lake Superior to Arkansas, the Illinois were at the height of their power in 1673 when the first French explorers—fur trader Louis Jolliet and Jesuit priest Jacques Marquette—made their way down the Mississippi. Over the next century, a succession of European empires claimed parts of the midcontinent, but they all faced the challenge of navigating Native alliances and social structures that had existed for centuries. When American settlers claimed the region in the early nineteenth century, they overturned 150 years of interaction between Indians and Europeans. Masters of the Middle Waters shows that the Mississippi and its tributaries were never simply a backdrop to unfolding events. We cannot understand the trajectory of early America without taking into account the vast heartland and its waterways, which advanced and thwarted the aspirations of Native nations, European imperialists, and American settlers alike.Ryan Tripp is adjunct history faculty for the College of Online and Continuing Education at Southern New Hampshire University.

Daniel Susskind examines the brief and powerful history of economic growth and puts it into perspective with human prosperity in Growth: A History and a Reckoning (Harvard UP, 2024).Susskind acknowledges the tremendous benefits of economic growth, which he credits with freeing billions of people from poverty and allowing us to live longer and healthier lives. He also recognizes the real and substantial costs of our relentless pursuit of growth at the expense of other considerations and moral challenges. Responding to the degrowth movement, Susskind counters the assumption that simply reducing growth will lead to better outcomes.In particular, Susskind points out that our key measure of growth, GDP, is one imperfect metric that is neither intended nor effective as a proxy for well-being. He recommends a more balanced "dashboard" approach that includes GDP along with other success measures.Reducing our myopic focus on GDP does not mean less growth. Susskind presents an alternate approach, arguing that we should continue to pursue growth through the creative application of new ideas that allow us to use our finite natural resources more effectively and efficiently. Ideas, he points out, are not a scarce asset but an infinite one; by shifting to focus on new ways of thinking and working Susskind shows how we can continue to pursue the benefits of growth while mitigating the high costs.Book referenced: GDP: A Brief but Affectionate History by Diane CoyleRecommended reading: Planting the Oudolf Gardens by Rory Dusoir