Jedidiah Kroncke and Haimo Li on Carsun Chang's Jefferson: A Lost Era of Transnational Sino-American Constitutional Imagination (LHR)

"Carsun Chang's Jefferson: A Lost Era of Transnational Sino-American Constitutional Imagination"
Jedidiah Kroncke and Haimo Li
Law and History Review
Published online: January 2025

Abstract: This article recovers a lost era of Sino-American constitutional imagination surrounding the drafting of the 1946 Republic of China Constitution. It examines the transnational dynamics that led the Constitution's initial drafter, Zhang Junmai or Carsun Chang, to travel to the U.S. in 1945 to ostensibly study the ideas of Thomas Jefferson then ascendant in New Deal constitutional rhetoric. Recovering this episode recontextualizes Chang's early and late life as one of China's cosmopolitan intellectuals emerging from its contentious post-1911 dynastic politics who shaped China's engagement with evolving institutions of the modern international legal order. This recontextualization broadens and revises extant accounts of Chang's engagement with the 1946 constitutional drafting process by challenging accepted understandings of Chang's personal and intellectual trajectory and illuminating how the geopolitics of the Chinese Civil War intersected with presumptions about the overseas projection of American constitutional values increasingly embedded in twentieth-century American internationalism. Herein, Chang's long-standing interest in Jefferson's constitutional ideals was reshaped by the strategic considerations he faced situated between his consistent criticism of Guomindang leader Chiang-Kai Shek and Chang's suddenly heightened status among American political leaders. His near year-long stay in the U.S. before the 1946 drafting process involved many little known but determinative turns, including the role of a subset of Roosevelt and Truman Administration officials actively enamored with Jefferson's own study of Confucianism. The article also details the telling contours of Chang's post-1949 life as a political exile in the United States. Ultimately, this recovered episode demonstrates the pervasive and impactful nature of transnational dynamics in modern Sino-American relations which blur the line between national and international legal history. Most broadly, the fallout from the 1946 drafting process and the varied Chinese interpretations of thinkers like Jefferson reflect the mid-twentieth century transition of America from a global symbol of constitutional revolution to a global symbol of racialized empire. Recapturing this era thus also has implications for originalist-styled constitutional arguments made in contemporary Taiwan as well as for evaluating the international dimensions of Jefferson's problematic domestic legacy.