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Tillman on the Perils of Legislative History

The prolific Seth Tillman has posted a new draft article, entitled “Originalism, the Annals of Congress, and the Problem of Constitutional Memory.”  The article can be found here.  The main takeaway is the need to exercise caution in reading the Annals, which were compiled many years after the fact (something that I did not know). 

Tillman intends to draw broader conclusions about the issue of constitutional memory in the as-yet unwritten section V, but we will have to wait for that.

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