America's Founding Fathers shared similar beliefs on the nature of civic life and the character of those supposed to be able to self-govern. Although they studied the failed republics of the ancient world, they believed that classical ideals were still applicable to politics. This unique contribution to the literature on American Founding gathers leading thinkers who set out not to relate its history, but its intellectual underpinnings. They explore the Founding Fathers' assumptions about civic life, human nature, political institutions, private morality, aesthetics, education, and history. Chapters on natural law, the Judeo-Christian conception of human nature, the influence of Aristotle and Cicero, the symbolic role of architecture, and the importance of education help understand the foundations that led to the Declaration of Independence and a constitutional charter that aimed to be universal in its human aspirations. This authoritative work provides a conservative response to more liberal interpretations of America. It will enrich the debate on civic life and be a key resource to anyone interested in America's "experiment in ordered liberty."

An insightful rethinking of the meaning of the First Amendment’s protection of religious freedom. The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment’s Religion Clauses and constructing a natural rights jurisprudence of religious liberty. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders’ political philosophy of religious freedom and the First Amendment Religion Clauses.

Ronald J. Pestritto's and Thomas G. West's earlier volume The American Founding and the Social Compact addressed the nature of the thought and philosophy of the men who shaped the American founding. In this second volume in a trilogy, Pestritto and West examine the fate of the founders' principles in the nine teeth century, when these principles faced their first great challenges. Support of slavery, culminating in secession and civil war, came from the South; and after the war came positivism, relativism, and radical egalitarianism, which originated in Europe and infiltrated American universities, where intellectuals repudiated the founders' views as historically obsolete and insufficiently concerned with true human liberation. In ten chapters covering major thinkers in nineteenth-century American political thought, contributors discuss the rise and resolution of ideological conflicts in the early generations of the American republic. In Challenges to the American Founding Pestritto and West have compiled an invaluable resource for the roots of the twentieth-century departure in American politics from the political vision of the American founders.

Unlike many other books about the American founding, this new work by two of the most prominent scholars of American political history emphasizes the coherence and intelligibility of the social compact theory. Social compact theory, the idea that government must be based on an agreement between those who govern and those who consent to be governed, was one of the Founders' few unifying philosophical positions, and it transcended the partisan politics of that era. Contributors to this volume present a comprehensive overview of the social compact theory, discussing its European philosophical origins, the development of the theory into the basis of the fledgling government, and the attitudes of some of the founders toward the theory and its traditional proponents. The authors argue forcefully and convincingly that the political ideas of the American Founders cannot be properly understood without understanding social compact theory and the exalted place it held in the construction of the American system of government.

Americans have been claiming and defending rights since long before the nation achieved independence. But few Americans recognize how profoundly the nature of rights has changed over the past three hundred years. In The Nature of Rights at the American Founding and Beyond, Barry Alan Shain gathers together essays by some of the leading scholars in American constitutional law and history to examine the nature of rights claims in eighteenth-century America and how they differed, if at all, from today’s understandings. Was America at its founding predominantly individualistic or, in some important way, communal? Similarly, which understanding of rights was of greater centrality: the historical "rights of Englishmen" or abstract natural rights? And who enjoyed these rights, however understood? Everyone? Or only economically privileged and militarily responsible male heads of households? The contributors also consider how such concepts of rights have continued to shape and reshape the American experience of political liberty to this day. Beginning with the arresting transformation in the grounding of rights prompted by the American War of Independence, the volume moves through what the contributors describe as the "Founders’ Bill of Rights" to the "second" Bill of Rights that coincided with the Civil War, and ends with the language of rights erupting from the horrors of the Second World War and its aftermath in the Cold War. By asking what kind of nation the founding generation left us, or intended to leave us, the contributors are then able to compare that nation to the nation we have become. Most, if not all, of the essays demonstrate that the nature of rights in America has been anything but constant, and that the rights defended in the late eighteenth century stand at some distance from those celebrated today. Contributors:Akhil Reed Amar, Yale University * James H. Hutson, Library of Congress * Stephen Macedo, Princeton University * Richard Primus, University of Michigan * Jack N. Rakove, Stanford University * John Phillip Reid, New York University * Daniel T. Rodgers, Princeton University * A. Gregg Roeber, Pennsylvania State University * Barry Alan Shain, Colgate University * Rogers M. Smith, University of Pennsylvania * Leif Wenar, University of Sheffield * Gordon S. Wood, Brown University