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This week at In The Past Lane, the history podcast, I speak with historian Andrew Shankman about his new book, Original Intents: Hamilton, Jefferson, Madison, and the American Founding. It’s a conversation that’s perfectly timed for the Senate hearings on President Trump’s nominee to the Supreme Court, Brett Kavanaugh. That’s because Kavanaugh adheres to a judicial philosophy known as originalism that argues judges must make their rulings based on a close reading of the Constitution that determines the original intent of the Founders. It’s a neat and tidy idea that suggests a commitment to objectivity and a faithfulness to the vision of the Founders. But as Andrew Shankman makes clear, there was no single, original intent because the Founders disagreed on nearly everything when it came to the Constitution. In the course of our discussion, Andrew Shankman explains: How Hamilton, Jefferson, and Madison initially agreed on many things, including a fear that the republic needed a stronger central government to avoid a descent into anarchy. How eventually major differences emerged among these men over whether the government could exercise unstated but “implied powers” of the Constitution, or only powers that were explicitly enumerated in the document. Why it’s impossible, despite what so-called originalists claim, to deduce an original intent of the Founders in the Constitution. Why originalism is ahistorical and ignores the historical process and historical context. Why we shouldn’t revere the Founders and more than they revered each other.  Recommended reading:  Andrew Shankman, Original Intents: Hamilton, Jefferson, Madison, and the American Founding (Oxford University Press, 2018) Akhil Reed Amar, America's Constitution: A Biography Richard Beeman, Plain, Honest Men: The Making of the American Constitution David O. Stewart, The Summer of 1787: The Men Who Invented the Constitution Gordon S. Wood, The Creation of the American Republic, 1776-1787 More info about Andrew Shankman - website Follow In The Past Lane on Twitter  @InThePastLane Instagram  @InThePastLane Facebook https://www.facebook.com/InThePastLanePodcast/ YouTube https://www.youtube.com/channel/UCeZMGFqoAASwvSJ1cpZOEAA  Music for This Episode Jay Graham, ITPL Intro (JayGMusic.com) Kevin McCleod, “Impact Moderato” (Free Music Archive) Andy Cohen, “Trophy Endorphins” (Free Music Archive) Jason Shaw, "Acoustic Meditation,” (Free Music Archive) Jon Luc Hefferman, “Winter Trek” (Free Music Archive) The Bell, “I Am History” (Free Music Archive) Production Credits Executive Producer: Lulu Spencer Technical Advisors: Holly Hunt and Jesse Anderson Podcasting Consultant: Dave Jackson of the School of Podcasting Photographer: John Buckingham Graphic Designer: Maggie Cellucci Website by: ERI Design Legal services: Tippecanoe and Tyler Too Social Media management: The Pony Express Risk Assessment: Little Big Horn Associates Growth strategies: 54 40 or Fight © In The Past Lane, 2018 Recommended History Podcasts Ben Franklin’s World with Liz Covart @LizCovart The Age of Jackson Podcast @AgeofJacksonPod Backstory podcast – the history behind today’s headlines @BackstoryRadio Past Present podcast with Nicole Hemmer, Neil J. Young, and Natalia Petrzela @PastPresentPod 99 Percent Invisible with Roman Mars @99piorg Slow Burn podcast about Watergate with @leoncrawl The Memory Palace – with Nate DiMeo, story teller extraordinaire @thememorypalace The Conspirators – creepy true crime stories from the American past @Conspiratorcast The History Chicks podcast @Thehistorychix My History Can Beat Up Your Politics @myhist Professor Buzzkill podcast – Prof B takes on myths about the past @buzzkillprof Footnoting History podcast @HistoryFootnote The History Author Show podcast @HistoryDean More Perfect podcast - the history of key US Supreme Court cases @Radiolab Revisionist History with Malcolm Gladwell @Gladwell Radio Diaries with Joe Richman @RadioDiaries DIG history podcast @dig_history The Story Behind – the hidden histories of everyday things @StoryBehindPod Studio 360 with Kurt Andersen – specifically its American Icons series @Studio360show Uncivil podcast – fascinating takes on the legacy of the Civil War in contemporary US @uncivilshow Stuff You Missed in History Class @MissedinHistory The Whiskey Rebellion – two historians discuss topics from today’s news @WhiskeyRebelPod American History Tellers ‏@ahtellers The Way of Improvement Leads Home with historian John Fea @JohnFea1 The Bowery Boys podcast – all things NYC history @BoweryBoys Ridiculous History @RidiculousHSW The Rogue Historian podcast with historian @MKeithHarris The Road To Now podcast @Road_To_Now Retropod with @mikerosenwald