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The Constitution and Historical Rupture

Authors: Jonathan Gienapp;

The Constitution and Historical Rupture

Abstract

This essay is a response for a symposium on my book, <i>Against Constitutional Originalism: A Historical Critique</i>. It responds to criticisms made against it while further developing the book's central themes. <br><br>It contends that the problem of historical rupture—that the eighteenth-century U.S. Constitution presupposed a very different way of thinking about constitutionalism and law than reigns today—is the most important problem implicated by the theory of constitutional originalism, and yet remains largely neglected. It further contends that were originalists to finally confront this problem, the theory could not survive that reckoning, not without abandoning its defining features.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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