America's Conflicting Constitutional Visions: The Quest for Common Ground

We hear constantly that Americans today are deeply divided. Many analysts contend that this is partly because we now really have two opposed Constitutions. The first is the original 18th-century Constitution, said to feature federalism, limited government, and protection of what the Framers conceived of as natural rights. The second is the “progressive” or “living” Constitution, embodied in the amendments and statutes of the 20th century, said to favor national governmental action to advance modern democratic values, even at the expense of traditional constitutional limitations. Rogers M. Smith argues that it is true that the Constitution today includes both these visions, and that they have real differences—but also important areas of agreement. Standing between the 18th and 20th-century constitutions are the 13th, 14th, and 15th Amendments. Smith believes that they can help us discern vital common ground on which Americans can stand together.

Presented by Rogers M. Smith, Christopher H. Browne Distinguished Emeritus Professor of Political Science at the University of Pennsylvania.