The Nation That Never Was by Kermit Roosevelt III (2022)
250pp
Sorry, this is not a legal thriller, but a testament to legal scholarship. Roosevelt (yes, that family) is a professor of law and the rigor that comes with that profession permeates the book. The simple contention of the work is that the ideal of the U.S. Constitution, originally penned by the “founding fathers”, was only completed upon the addition of post civil war modifications, specifically the addition of the 13th, 14th, and 15th amendments (the 19th amendment fits in this category as well).
Roosevelt walks
us through the background of the compromises and limitations of the 18th century version; not placing blame, but simply
showing the context of power and economics at play at that time. A fragile
confederation of states had failed and the modifications needed to maintain the
republic were a compromise. Delineating
the numerous intractable legal and societal changes that led to the Civil War,
he even argues that the infamous Dred Scott Supreme Court case was decided
correctly as per the law of the day.
The conclusion
of the Civil War and the assassination of President Lincoln forced the Union
into executive and legislative turmoil threatening the legal end of slavery. The Reconstruction Congress commences to
not just frame a series of statutes toward the goal of emancipation, but
completes a “radical”
modification of the Constitution.
Roosevelt walks
us through the problems and trauma of the decades from the end of
Reconstruction to the “second reconstruction” culminating in passage of the Civil
Rights Acts of the 1960s. He then emphasizes the contemporary back-sliding and
touches on solutions, including a clear explanation why reparations are needed, justified, and economically sound.
His conclusion
is simple — that the Constitution is a “living document” and that the process to make “a more perfect union” is a continuous
and sacred duty.