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Legal History

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Barnett on The Misconceived Assumption About Constitutional Assumptions

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Randy E. Barnett, Georgetown University Law Center, questions common methods of drawing up on history in constitutional interpretation in a new paper, The Misconceived Assumption About Constitutional Assumptions. Here's the abstract: Both originalists and nonoriginalists alike often assume that background assumptions widely held when the Constitution or its amendments were enacted are part

Full post as published by Legal History Blog on December 11, 2008 (boomark / email).

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