David Brearley and the Making of the United States Constitution
By Donald Scarinci
In August 1787, with the Constitutional Convention near collapse, the deeply divided delegates turned to David Brearley for leadership. In just five days, the Brearley Committee created a powerful president, invented the vice-presidency, and concocted the Electoral College. It was a crowning accomplishment for New Jersey's Supreme Court Chief Justice, who had already fought stubbornly and successfully for a Senate in which each state would have equal votes.

David Brearley was born to revolution, the son of a radical who was jailed twice for his leadership of the anti-Proprietary land riots in the 1740s. Brearley served with Washington at Valley Forge, wooed two beautiful wives, and was the first American judge to declare a law unconstitutional -- establishing the principle of judicial review a quarter-century before Chief Justice Marshall’s famous Marbury v. Madison ruling.

Quotes on Donald Scarinci's Book:

"Donald Scarinci has given us the first comprehensive understanding of a Founding Father pivotal to New Jersey's revolutionary experience and to the framing of the U.S. Constitution. This is an interesting and important book."
Mark E. Lender, Ph.D.
Professor of History, Kean University

"Scarinci's book fills a void in Constitutional history. Brearley clearly deserves recognition. While reviewing this book, I checked other sources concerning Brearley. The U.S. National Archives & Records Administration in its Founding Fathers section said of Brearley: 'Although he did not rank among the leaders, he attended the sessions regularly.' Hopefully, after reading his biography, they will amend that description to recognize the central role he played."
John B. Wefing, J.D., LL.M
Professor of Law, Seton Hall University

"Donald Scarinci has elevated Allentown's local hero of the American Revolution from undeserved obscurity. Our sincerest gratitude for this scholarly and admirable work."
John Fabiano, President
Allentown-Upper Freehold Historical Society

“This is one terrific book, informative and well written.
We were captivated by the debates at the constitutional convention, especially the suggestion that state lines be redrawn at regular intervals to assure that every state would have an equal number of residents. Just imagine, if every state had to have eight or nine members of Congress, [New Jersey would] be almost a state and a half, and Idaho, Wyoming, Montana, North Dakota and South Dakota wouldn’t even be one state.”
Nick Acocella, Editor, Poltifax

Breaking the Constitutional Deadlock

Donald Scarinci explores David Brearley's role as chairman of the critical Committee on Postponed Matters in a New Jersey Heritage magazine article adapted last winter from Chapter IX of David Brearley and the Making of the United States Constitution. The Brearley Committee developed the electoral college as the latest large-state/small-state compromise, invented the vice-presidency to force electors to vote for at least one candidate from another state, and empowered the president politically by permitting him to run for reelection. "Chaired by the faithful Judge Brearly ... this admirable committee moved in as a rescue party to make up the Convention's mind," historian Clinton Rossiter wrote.

CURRENCY, AS SOUND AS ITS SIGNER

During the Revolution, respected patriots such as New Jersey Supreme Court Chief Justice David Brearley signed sheets of currency issued by the State of New Jersey to instill faith in its value. This $1 bill was signed by Brearley and General Philemon Dickinson, commander of the New Jersey Militia. The default by the Confederation Congress on its promise to cover the interest and principal payments on state-issued currency led the New Jersey state government to assume responsibility for the interest owed to its citizens and to refuse to pay taxes levied by Congress – an act of defiance that helped inspire the Annapolis Convention and led to the Constitutional Convention.

Donald Scarinci is a Founding Partner of Scarinci & Hollenbeck, LLC, a
55-attorney law firm with offices in Bergen County, New Jersey, and in New York City. He serves as Corporation Counsel for the City of Union City and the City of Passaic City, two of New Jersey's twenty largest cities. He also served as Counsel to both the New Jersey Congressional and the New Jersey Legislative Redistricting Commissions in 2000.

Mr. Scarinci has published articles in the Seton Hall Law Review, the Seton Hall Legislative Journal, New Jersey Heritage, the New Jersey Law Journal, New Jersey Lawyer, Municipal Bond News, The Numismatist, and The Colonial Newsletter.

He and his wife, Lisa, have two children, Paul and Elizabeth.

David Brearley and the Making of the United States Constitution is his first book.