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Within her new publication, named We the People, the historian presents an extensive comprehensive case for America's founding document being a evolving document, designed to be updated with each generation.

A Deep Historical Analysis of Originalist Theory

Lepore states that her work is also “a deep historical criticism of the originalist approach,” that conservative legal theory which currently dominates the highest court. She contends how deep partisan polarization has rendered constitutional amendments virtually politically unachievable.

Among originalists, only the views of those that wrote the document in Philadelphia in 1787 ought to serve to divine the document's meaning, even 250 years later within a nation of cars, aircraft, firearms, AI, rights granted to females and marginalized groups—issues the founders did not foresee.

To the historian, like numerous academics, that seems plainly absurd.

“Originalism is a peculiar bucket that contains many variations,” Lepore stated. “However within the more reductive versions of originalism is the insistence that that this the way the document was drafted and was meant to be interpreted from the very beginning.”

Historical Context and Secrecy

The author points out that the framer’s notes from that Constitutional Convention weren't released till 1840, years after Madison’s passing. She notes that participants adhered to an unofficial 50-year pledge of secrecy, indicating individuals were not expected to disclose what transpired during the convention because such information was not intended to matter document interpretation.

Similarly, those ratifying convention debates are not especially conclusive, while famous Federalist Papers—authored by Madison, Hamilton, along with Jay—were printed primarily in New York publications meaning were not broadly consumed outside that region. These texts were rarely cited within the court for a significant period.

Irony and within the Federalist Society

The historian points out an interesting minor yet powerful contradiction: Back in 1982, conservative students established the Federalist Society, which would become a driving force behind originalist ideology. For their emblem, they selected the framer’s profile. But, finding his actual nose unappealing, they amended the image to give him a nicer nose.

“I truly aimed to include the nose in there,” she said, chuckling. “This is a funny detail which speaks to the flexibility within an ideology that professes to value historical authenticity.”

Exploring the Amendments Project

The professor also discusses the research regarding the Amendments Project, a resource that offers a searchable collection containing every effort to amend the founding document. Since merely 27 changes have ever passed, she reframes the project not as a record of unsuccessful attempts instead as a study of possibility.

She emphasizes that the younger generation often a sense regarding political opportunity, and examining including failed efforts can be inspiring as well as educational.

Historical Personalities and Key Struggles

Throughout her book, Lepore highlights lesser-known American figures who campaigned to achieve constitutional change. These are a Black abolitionist along with his spouse, Mary Jones, both of whom are active within pre-Civil War African American political convention movement across the city.

She argues that focusing upon such figures—rather than only famous icons like Douglass—helps audiences better imagine themselves participating in constitutional change.

A Living Document Crafted Using History

Lepore concludes by reinforcing her perspective regarding America's charter as living document—one created from “historical records as well as natural materials… sheepskin and goose feathers” but still entirely relevant and capable to change.

Lepore voices optimism believing the foundation could yet “come to life” via future generations that continue to engage in the modification process.