Show notes
“a twenty-first century man trapped in the eighteenth century”
James Wilson put “We the People” in the Constitution, fought against the Electoral College and equal state votes in the Senate, and argued for popular sovereignty when most of his colleagues wanted nothing of the kind. He died in 1798 as a fugitive from his creditors, the only sitting Supreme Court justice ever jailed. Wilson has been nearly absent from the founding story ever since. Few Americans have heard of him.
In The Lost Founder: James Wilson and the Forgotten Fight for a People’s Constitution, Jesse Wegman, a senior fellow at the Brennan Center for Justice, follows Wilson from his birthplace in Scotland through the 1779 Fort Wilson riot in Philadelphia (when a mob tried to kill him), and into the Constitutional Convention, where he largely stood alone in arguing for the enshrinement of the high ideals of the Declaration of Independence into the nation’s highest law. In this episode of THINK BACK, we discuss how Wilson squared his faith in the people with his distrust of what they wanted, and how recovering his contributions to the nation’s founding might help us finish the work of making it more democratic today.
* Jesse Wegman, The Lost Founder: James Wilson and the Forgotten Fight for a People’s Constitution(2026)
* — , Let the People Pick the President: The Case for Abolishing the Electoral College(2020)
* — , “The Founder We Need Is the One We Don’t Remember,” The New York Times, June 26, 2026
* Pauline Maier, Ratification: The People Debate the Constitution, 1787-1788 (2011)
Music for this episode: “The Union,” by Louis Moreau Gottschalk, performed by Akiko Sasaki; “Reel Delisle,” by Joel Zifkin
For more on related subjects, check out these episodes of THINK BACK.
"Decoding the Declaration" (with Robert G. Parkinson)
"The Unfinished Business of 1776" (with Thomas Richards Jr.)
"Democracy vs. the Constitution" (with Stephen Skowronek)
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