Harvard Law & Policy Review
I view my task in this Article to be proving that history is indeterminate. The rest of the Articles from this Panel may discuss what to do about the indeterminacy. I would like to put aside the normative questions and a number of empirical questions, including the question that Larry Alexander raised last night about whose intent we are examining. Rather, I would like to attempt an historical or originalist analysis of some interesting and controversial contemporary constitutional questions.
The Indeterminacy of Historical Evidence, 19 Harvard Law & Policy Review. 437
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/368