The Legal Theory Bookworm recommends Until the Last Yoke Is Broken: The Constitutional Vision of Frederick Douglass by Bradley N. Rebeiro. Here is a description:
A groundbreaking analysis of Frederick Douglass as constitutional theorist, showing how his vision, which prefigured today’s originalism, melded history and natural rights to address the evil of slavery.
In his celebrated address “What to the Slave is the Fourth of July?” Frederick Douglass denounced America’s hypocritical celebration of freedom. But he did not blame the nation’s founding document for enabling the evil of slavery. Rather, he proclaimed that “interpreted as it ought to be interpreted, the Constitution is a Glorious Liberty Document.”
This was no mere rhetorical flourish. Examining Douglass not just as an activist but as a legal and political theorist, Until the Last Yoke Is Broken reveals that his abolitionism was guided by rigorous constitutional interpretation. Reconstructing Douglass’s method from his speeches and writings, Bradley Rebeiro shows that his approach both anticipated and challenged aspects of contemporary originalism. Like today’s originalists, Douglass saw historical meaning as central to constitutional analysis. But unlike today’s originalism, Douglass’s goes beyond simply asking how the Constitution was understood at its ratification. Instead, Douglass insisted that whenever a constitutional provision is ambiguous, the interpreter must adopt whatever meaning best agrees with the natural rights affirmed in the Declaration of Independence.
Rebeiro also shows how Douglass balanced this constitutional vision with pragmatism during Reconstruction. When political tensions pitted the fate of black suffrage against women’s suffrage, Douglass set aside the theoretically pure for the politically possible; as soon as black suffrage was secured, he returned to advocating for universal voting rights. “It was mine to stand for the freedom of people of all colors,” Douglass wrote near the end of his life, “until in our land the last yoke was broken and the last bondsman was set free.”
And from the reviews:
“Impressive…Show[s] why Douglass’s growing faith in the founding did not soften his indictment of the nation. It sharpened it.” —David S. Reynolds, Wall Street Journal
“Filled with analysis of history, politics, rhetoric, and statesmanship, this work will appeal to students of Douglass and scholars of originalism seeking to recover the U.S. Constitution’s meaning through textual analysis supported by historical inquiry.” —Thomas Davis, Library Journal (starred review)
“Drawing on his impressive knowledge of history, philosophy, and jurisprudence, Bradley Rebeiro makes a compelling case that Frederick Douglass was a constitutional thinker of the highest order. Until the Last Yoke Is Broken is a vital contribution to our understanding of Douglass, and to American constitutional theory generally.” —Nicholas Buccola, author of The Fire Is Upon Us
“The rediscovery of antislavery constitutionalism has upended standard accounts of the origins of the Civil War and opened fresh debates. With that has come renewed appreciation of Frederick Douglass’s views of the Constitution. Grappling with Bradley Rebeiro’s interpretation of those views, even at points of disagreement, is a thoroughly stimulating and enlightening experience, illuminating some of the most vital issues in our history.” —Sean Wilentz, author of The Rise of American Democracy
“When it comes to race, slavery, and the American Constitution, Frederick Douglass is uniquely positioned to address both historical and contemporary questions. In this splendid book, Bradley Rebeiro brings Douglass’s constitutional vision to life. Like Douglass himself, Rebeiro writes with grace and elegance for experts and engaged citizens alike.” —Vincent Phillip Muñoz, author of Religious Liberty and the American Founding
“Frederick Douglass is as relevant as ever. In this compelling account of the great abolitionist’s theory of constitutional interpretation, Bradley Rebeiro shows how Douglass recovered an ‘original’ Constitution that presupposed universal natural rights. This deeply researched reconstruction of Douglass’s views is both a contribution and a challenge to modern-day conceptions of originalism.” —James Oakes, author of The Radical and the Republican
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