Episode description

A.J. Jacobs learned the hard way that donning a tricorne hat and marching around Manhattan with a 1700s musket will earn you a lot of strange looks. In the wake of several controversial rulings by the Supreme Court and the ongoing debate about how the Constitution should be interpreted, Jacobs set out to understand what it means to live by the Constitution.

In The Year of Living Constitutionally, A.J. Jacobs tries to get inside the minds of the Founding Fathers by living as closely as possible to the original meaning of the Constitution. He asserts his right to free speech by writing his opinions on parchment with a quill and handing them out to strangers in Times Square. He consents to quartering a soldier, as is his Third Amendment right. He turns his home into a traditional 1790s household by lighting candles instead of using electricity, boiling mutton, and—because women were not allowed to sign contracts—feebly attempting to take over his wife’s day job, which involves a lot of contract negotiations.

The book blends unforgettable adventures—delivering a handwritten petition to Congress, applying for a Letter of Marque to become a legal pirate for the government, and battling redcoats as part of a Revolutionary War reenactment group—with dozens of interviews from constitutional experts from both sides. Jacobs dives deep into originalism and living constitutionalism, the two rival ways of interpreting the document.

Much like he did with the Bible in The Year of Living Biblically, Jacobs provides a crash course on our Constitution as he experiences the benefits and perils of living like it’s the 1790s. He relishes, for instance, the slow thinking of the era, free from social media alerts. But also discovers the progress we’ve made since 1789 when married women couldn’t own property.

Now more than ever, Americans need to understand the meaning and value of the Constitution. As politicians and Supreme Court Justices wage a high-stakes battle over how literally we should interpret the Constitution, A.J. Jacobs provides an entertaining yet illuminating look into how this storied document fits into our democracy today.

A.J. Jacobs is a journalist, lecturer, and human guinea pig whose books include Drop Dead Healthy, The Year of Living Biblically, and The Puzzler. A contributor to NPR, The New York Times, and Esquire, among other media outlets, Jacobs lives in New York City with his family. His new book is The Year of Living Constitutionally: One Man’s Humble Quest to Follow the Constitution’s Original Meaning.

Shermer and Jacobs discuss: what possessed him to spend a year living constitutionally and biblically • what the Constitution really says and means • the Supreme Court’s rulings on guns, religion, women’s rights and more • what happens if you become an ultimate originalist and follow the Constitution using the mindset and tools of the Founders • why originalism is not the best approach • what happened when he carried a musket on the streets of NYC • an 18th century view of rights • election cakes • epistemic humility • democracy • how that Founders would be shocked at today’s government, and how the president is far too powerful.