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Within her new book, named We the People, the historian makes an extensive 600-page argument supporting the US constitution as a evolving document, designed to be updated with every generation.

A Profound Historical Analysis of Originalism

Lepore notes that her work serves as “a deep historical criticism of originalism,” the right-leaning legal theory which currently shapes the highest court. Lepore contends how intense political division has made constitution-level amendments all but practically unachievable.

Among originalists, only the intentions of the individuals that wrote the document in Philadelphia in 1787 should serve to divine constitutional intent, including 250 years later in a country of cars, aircraft, firearms, artificial intelligence, rights granted to females as well as minorities—issues the founders could not foresee.

For the historian, like numerous scholars, that is plainly illogical.

“Originalism is a peculiar category that contains many variations,” Lepore stated. “But within the more simplistic interpretations of originalism is the belief stating that this how the document was written and intended to be read since its inception.”

Documentary Background and Confidentiality

Lepore points out that the framer’s notes of the historic gathering weren't released until 1840, long after Madison’s passing. She notes how participants adhered to an unofficial 50-year vow of secrecy, meaning individuals were not supposed to disclose what transpired during the convention since such information wasn’t intended to influence constitutional interpretation.

Similarly, the state assembly discussions are not especially definitive, while famous essays—authored by Madison, Hamilton, and Jay—had been published primarily in New York newspapers meaning weren't broadly read beyond the state. They are rarely referenced by the supreme court for a very long time.

Contradiction and within the Conservative Group

The historian points out an interesting small but potent contradiction: Back in 1982, conservative students founded the legal organization, which evolved into a driving force behind originalist thought. As a logo, the group selected the framer’s profile. But, finding Madison’s actual nose unappealing, they altered the image providing Madison a more refined appearance.

“I truly aimed to put that detail in there,” she stated, chuckling. “This is a funny anecdote which points to the flexibility inside an ideology which claims to prioritize original authenticity.”

Exploring the Research Initiative

Lepore also details her research on a constitutional database, which provides a accessible archive containing every effort to amend the founding document. As only 27 amendments have ever passed, she views this as more than a record of failures but as an exploration of possibility.

Lepore emphasizes how young people often a sense of civic possibility, so studying including failed efforts can be inspiring and informative.

Forgotten Personalities and Their Battles

Throughout the book, the author highlights overlooked historical individuals who fought to achieve constitutional reform. These include John Jones along with his wife, Mary Richardson Jones, both of whom were active within pre-Civil War Black political gathering efforts across Chicago.

She argues that concentrating on these individuals—rather than just well-known leaders like Douglass—helps readers better envision ordinary people participating within constitutional processes.

A Evolving Document Made from the Past

The historian ends with reiterating her vision of America's charter as a living entity—one created with “historical records as well as oak trees… parchment together with quill pens” but nonetheless entirely alive plus able to evolve.

Lepore voices hope believing this document could yet “come to life” through future generations who continue to participate with its amendment mechanism.