US EditionProjecting the Past Into the Future of Constitutionalism: History, Atemporality, and American Society - Penn Law Review
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Projecting the Past Into the Future of Constitutionalism: History, Atemporality, and American Society - Penn Law Review
The U.S. Supreme Court is increasingly asserting “history and tradition” as the standard to settle divisive constitutional debates on abortion, guns, and beyond. As scholars debate this shift, Jack Balkin’s book Memory and Authority stands out in exploring the role of history in American constitutionalism. However, its account should be situated in a larger sociohistorical context. This Article explores features of the historiography and social …
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