John Bingham and Martin Luther King

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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1 Response

  1. Shag from Brookline says:

    “In 1856, Bingham … argued there that the Founders intended that slavery ‘should die, as they had found out the great truth that a lie cannot live forever.’”

    But just how did the Founders think slavery should die? The words “slavery,” “slave,” “slavemaster,” and the like did not appear in the original Constitution. The limit on importation can be construed as an economic protection of slavery as more and more were born in America rather than a clear intent that slavery should end (die). Clearly, the Founders’ intent fell on deaf ears in the slave states. How might originalism address this claim? It seems that the Founders’ foundation was a lie, a great lie that tainted the entire Constitution. Should the Founders be exonerated for the failure of others to recognize “the great truth”? Founders’ intent is not very strong as evidenced by originalism’s departure from it.

    Martin Luther King, Jr. can be linked to many from the past, including John Brown. Bingham may have been one of many.