The Heart of the Constitution: How the Bill of Rights Became the Bill of Rights

Magliocca (Samuel P. Rosen Professor of Law, Indiana Univ. Robert H. McKinney Sch. of Law) provides fascinating insight into the origin and evolution of the Bill of Rights. Following in the footsteps of eminent historian Pauline Maier (American Scripture: Making the Declaration of Independence), the author examines the historical context in which the Bill of Rights emerged. Perhaps surprising to contemporary readers is that the document deviated from tradition, insofar as it did not appear at the beginning of the Constitution and did not articulate lofty philosophical goals. Indeed, some states such as Virginia incorporated a Declaration of Rights into their state constitutions well before the federal version was conceived. Magliocca emphasizes that the significance of the Bill of Rights changed according to political exigencies in the United States. This is evidenced by shifting Supreme Court focus in response to events such as the New Deal and World War II. Significantly, Magliocca embraces the idea of a living Bill of Rights and Constitution, so that the nation can capitalize on its historical advances.