September 18, 2024

Over Ruled book coverProfessor Derek Webb's examination of "The Original Meaning of Civility" was cited five times by Justice Gorsuch in his recent book, Over Ruled. These references predominantly appear in Chapter 7, titled "The Spirit of Liberty," with an in-text citation of Webb's work on page 206. Webb's essay, "The Original Meaning of Civility: Democratic Deliberation at the Philadelphia Constitutional Convention," published in the South Carolina Law Review, Vol. 64, No. 1, in 2012, received the Warren Burger Prize from the American Inns of Court and is currently the subject of an upcoming book under contract with Cambridge University Press.

In his essay, Webb meticulously examined the records of the Philadelphia Constitutional Convention to glean insights into the interpretation of the Constitution’s provisions. He focused particularly on how the delegates managed to uphold civility during four months of intense deliberation. Notably, Webb highlighted the unexpected degree of civic friendship fostered through regular interactions, daily dinner gatherings that transcended party and regional divides, and various parliamentary procedures that promoted open-mindedness and rational dialogue.

To read Webb's essay, click here, and for more information about Gorsuch's book, click here.