994: A.J. Jacobs | The Year of Living Constitutionally

Free Speech

The evolution of free speech reveals a significant shift from the 18th century to today. AJ Jacobs explains that the original concept of free speech was much narrower, with limitations imposed for the common good. He notes, "Neither liberals nor conservatives would like the free speech from the 1790s," highlighting how modern interpretations emerged largely in the mid-20th century, influenced by groups like the Jehovah's Witnesses 1. The founding fathers, wary of mob rule, might have been skeptical of today's social media landscape, which James Madison would likely have found nightmarish due to its potential to bypass intellectual filters 2.

   

Gun Rights

The interpretation of the Second Amendment has evolved significantly from its original intent. AJ Jacobs describes how, initially, gun ownership was seen as a civic duty, with government inspections ensuring firearms were in working order 3. He humorously notes that today, "people need to buy more 18th century guns because they are technically antiques," illustrating the drastic changes in gun technology and regulation 4. This historical context contrasts sharply with modern debates over gun rights and control, where the balance between regulation and individual rights remains contentious.

   

Electoral College

The Electoral College was originally designed to prevent the election of demagogues, but its role has shifted over time. AJ Jacobs explains that the founding fathers intended for educated elites to have a final say, fearing the tyranny of the majority 5. However, this system now sometimes results in a minority ruling, which contradicts its original purpose. The balance of power, while intended as a safeguard, can also lead to excessive red tape, hindering necessary actions 6.