Memory, Invisibility, & Power - Penn Law Review

Memory, Invisibility, & Power - Penn Law Review

Introduction “The ultimate mark of power may be its invisibility; the ultimate challenge, the exposition of its roots.”1 When I teach constitutional law, I often encounter students who assume that constitutional interpretation is a simple reading of the Constitution’s text combined with the framers’ intent. That is what constitutional interpretation is, isn’t it? Jack Balkin’s Memory & Authority brilliantly shows how much more constitutional law…