An Argument Open to All: Reading "The Federalist" in the 21st Century

by Sanford Levinson

From one of America’s most distinguished constitutional scholars, an intriguing exploration of America’s most famous political tract and its relevance to today’s politics

In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America’s most famous political tract.  Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America’s traditional culture; and whether The Federalist ’s arguments even suggest the desirability of world government.

Genres: Politics, History, Nonfiction, Law, Essays

368 pages, Hardcover

First published November 24, 2015

About the author

Sanford Victor Levinson is a prominent American liberal law professor and acknowledged expert on Constitutional law and legal scholar and professor of government at the University of Texas Law School. He is notable for his criticism of the United States Constitution as well as excessive presidential power and has been widely quoted on such topics as the Second Amendment, gay marriage, nominations to the Supreme Court, and other legal issues. He has called for a Second Constitutional Convention of the United States.

Reviews

[Connie G · Rating 4 out of 5]

"An Argument Open to All: Reading "The Federalist" in the 21st Century" is a group of 85 short essays, each about an essay in "The Federalist". It made reading the words of the Founding Fathers a more enriching experience. Professor Levinson helps us understand the reasoning and compromises behind parts of the Constitution, as well as its imperfections. He shows how each Federalist essay has some political relevance in the 21st Century, and offers examples from recent history. This valuable book provides much food for thought when reading the arguments in "The Federalist".

[Charles Gonzalez · Rating 5 out of 5]

To paraphrase Dickens...Levinson’s book takes us a journey through The Federalist Papers that highlights the critical value and relevance of most of the essays to this best and worst of times for American democracy. Having read most of the original essays over the years and especially the famous trio of 10, 51, & 70; I was and remain cognizant of my limitations on my understanding of the whole and its position as a “second scripture” for America.
Levinson takes the reader on an essay by essay review of each, it origins and historical impact and then posits its relevance and/or impact on current 21st century American political life. While it can be an easy intellectual exercise in historicism to puncture the accomplishments of our past and the Founders, this is not Levinson’s goal nor his result. What the reader gets is, for the most part, a thoughtful examination of the essays and their connection to the way we live today. Since the book was published in 2015, and there BT(before Trump), some of his chapters on executive and legislative authority are based on a pre-Trumpian conception of executive behavior, power and congressional impotence. While Publius’ confidence in a strong executive is well known, his belief “on the great probability”, that the chief executive will always be” by a man of abilities , at least respectable.” As Levinson states,”the key question for readers today may be our estimate of the “abilities”possessed by whomever we choose for that office. One doesn’t have to stretch far to assume that Levinson would have closed this particular chapter in a far different way if written in 2018.
I am a full and total convert to the genius of the Founders and especially Publius. While in awe of their courage and prescient prescription and design of our American government, I understand them as distinctly human men, imperfect and a product of their age. The Constitution and essays are the finest expressions of that age’s belief in liberty and freedom.
As magisterial and expression of an American political philosophy as it was, Publius and their contemporaries did not see their work as an “unbroken fount of wisdom as the best way to organize our polity”. As Levinson states, “how is it that the very first Congress, made up of members of the founding generation , felt authorized to reject Publius’ arguments on a range of issues. Who is more “original” , Publius or the first Congress of the United States?
This key passage on page 295 highlights the most important lesson and contribution of Levinson’s work, to engage us in a debate about how to read Th Federalist and therefore how to understand its meaning for us in the 21st century.

[Caroline · Rating 4 out of 5]

This book is really a companion to The Federalist, rather than something that stands alone - it must be Levinson's lectures for a class in TF. Because I have not read TF I therefore felt I was missing something - but at the same time it was nice to have the major themes and the relevant questions called out. It would be a very helpful thing to have on hand while reading TF - read each chapter and then go read the original essay. While it calls out lots of places where the Constitution contradicts itself or lets things rely on unrealistic optimism about people, I can't help but think that in our current political climate a constitutional convention is to be avoided at all costs - I shudder to think what would come of it.