Foundational Invocations
This chapter examines appeals to the authority of original founding events, founding ideals, and Founding Fathers in contemporary constitutional democracies. It argues that these “foundational invocations” reveal a window into the unique, albeit underexamined function that foundings play: as a vehicle of persuasion and legitimation. It organizes this examination around two of the most influential visions of founding in the US tradition: the originalist, situated in the discourses of conservative social movements such as the Tea Party and in conservative constitutional thought; and the promissory, situated in the discourses of social movements such as the civil rights movement. Though they might appear radically dissimilar, this chapter illustrates how these two influential conceptualizations of founding together reveal a shared political foundationalism that conflates the normative authority of a regime for its de facto one, thus circumscribing radical change by obscuring the past and placing founding invocations and their actors beyond question.