Remembering the nation's 'Lost Founder'
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What is the main topic discussed in this episode?
This is Ira Glass. On This American Life, one thing we like is a good mystery. Sometimes about really big things, but most times, the little mysteries are the best.
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This is Fresh Air. I'm Dave Davies. As we celebrate America's 250th birthday, we'll hear a lot about George Washington, Thomas Jefferson, and others. But what if I told you that one of the nation's founders, one of only six who signed both the Declaration of Independence and the Constitution, a critical voice at the Constitutional Convention, and arguably the man most responsible for the government we've had for two centuries, is someone you've never heard of? That's precisely the case made by our guest today, Jesse Wegman. He's a journalist who writes about the Constitution and democracy. Wegman's new book is about James Wilson, a man regarded as one of the American colony's most brilliant lawyers in the late 18th century and one who led a colorful and impactful life.
He was nearly killed during the Revolutionary War when rioters attacked his house in Philadelphia. He later became a Supreme Court justice and died at the age of 55 in the back room of a tavern in North Carolina on the run from the law and creditors. But Wegman argues that a careful review of records from the founding show that James Wilson was a highly influential figure in crafting the Constitution and a powerful voice for democracy, insisting that direct rule by the people should be the guiding principle of the new government. Jesse Wegman served for 12 years on the editorial board of The New York Times. He's currently a senior fellow at the Brennan Center for Justice. He was last on Fresh Air to talk about his earlier book, Let the People Pick the President, the case for abolishing the Electoral College.
Lately, he's written opinion pieces advocating term limits for Supreme Court justices. Wegman's new book is The Lost Founder, James Wilson and the Forgotten Fight for a People's Constitution.
Who was James Wilson and why is he considered a 'Lost Founder'?
Jesse Wegman, welcome back to Fresh Air.
Thanks for having me.
You know, you write about James Wilson and how he was a significant lawyer in the colonies in the 1760s when tensions between the colonies in Great Britain were growing. And he wrote this essay, which was a groundbreaking legal analysis, which concluded that the British Parliament had no legitimate authority over American colonies because all lawful government existed. is founded on the consent of those subject to that government. This essay proved very influential in the years to come. And as I was reading about this, it struck me, these ideas don't seem so novel or revolutionary. I mean, to the modern ears, it's commonplace. We have lived with This notion of government by this consent of the government for a long time.
And I wonder, was it hard for you as you got deeply into this research to get into the mindset of the 18th century when these ideas were really new?
That's a great question. And I was at first having trouble remembering how radical these ideas were at the time. They aren't particularly new to us now. They weren't even particularly new then. I think a lot of people were saying bits and pieces of these things, obviously. You know, the consent of the governed goes back to Locke and before. And many of these ideas are floating around, but nobody took them up with the clarity and the vigor of Wilson. And I think that that came through in this essay, which he writes as a 26-year-old who's just come over from Scotland on a boat a few years before to the colonies and And, you know, apprentices in law and quickly becomes one of the sharpest and most sort of forward-thinking lawyers in the colonies.
So he writes this essay in 1768 in which he says, all men are by nature equal and free. No one has a right to any authority over another without his consent. All lawful government is founded on the consent of those who are subject to it.
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Chapters
5 chapters
1
What is the main topic discussed in this episode?
0:00–2:10
2
Who was James Wilson and why is he considered a 'Lost Founder'?
2:10–4:59
3
What significant contributions did Wilson make to the U.S. Constitution?
4:59–22:40
4
How did Wilson's early life in Scotland shape his views on democracy?
22:40–34:12
5
What was Wilson's role in drafting the Declaration of Independence?
34:12–46:47
Speakers
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