Seems like a good time to think about what’s next for this Constitution. I wrote about how these pseudo-historical reframings of the constitution (stuff I don’t like) can be platforms for changes (I do like) in constitutional law, for NWULR last year.
digitalcommons.law.uw.edu/faculty-arti...
digitalcommons.law.uw.edu
Constitutional Futurisms
How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us t...
