Corpus ID: 5175194

The Many and Varied Roles of History in Constitutional Adjudication

@article{Fallon2015TheMA,
  title={The Many and Varied Roles of History in Constitutional Adjudication},
  author={Fallon and H. Richard},
  journal={Notre Dame Law Review},
  year={2015},
  volume={90},
  pages={1753}
}
INTRODUCTION Appeals to history, and to the authority of decisions made in the past, occur nearly ubiquitously in constitutional law. For the most part, these appeals occasion little specific notice or methodological controversy. There is, of course, a sharp, ongoing, frequently overheated debate about constitutional originalism--a theory, or family of theories, that holds, roughly, that the original meaning of the constitutional language is both unchanging and, insofar as it is clear and… Expand