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Argues that the source of many of America's problems today can be traced to politics leaving the Constitution behind.
Twilight of the Constitution offers a legal, historical, and philosophical defense of original intent in understanding the United States Constitution, linking the principal features of the Constitution with political problems the founding generation adopted it to address. This book analyzes and critiques other methods of originalist and nonoriginalist constitutional interpretation and identifies their legal and logical weaknesses. The author shows how departures from original intent have transformed the United States political system in ways that contradict its founding principles, particularly in generating a federal government that is massive in size and scope beyond anything contemplated by its founding document. Finally, Twilight of the Constitution demonstrates how this constitutional drift has led to pathological problems in American politics and society, including runaway debt, the normalization of war, and deep political polarization among the American people.
"Boykin presents a clear, commonsense, and persuasive defense of original intent. Not since the pioneering works of Raoul Berger and Robert Bork has such a compelling case been made for interpreting the Constitution according to the understanding of those who framed and ratified it. Thoughtfully engaging the leading modern critiques of originalism, Boykin demonstrates that the Constitution's meaning is best understood by examining the specific problems its provisions were adopted to solve. The result is a powerful and timely reaffirmation of original intent as the most faithful method of constitutional interpretation." — William Watkins, Research Fellow, The Independent Institute
Scott A. Boykin is Clinical Assistant Professor of Business Law at Kennesaw State University.