Saturday, January 21, 2012
Here is a plug for my latest publication, “The Supreme Court and the Constitutional Convention,” 27 Journal of Law and Politics 63 (2011). Here is the abstract:
This article offers the first extensive study of the Supreme Court’s reliance on the debates of the Constitutional Convention. It begins with an account of the historical record of the Convention. It then catalogues instances in which the Court has referred to the debates, supplies information on the purposes for which the Court engaged in this reliance, and offers five findings based on the data. The article also offers a limited qualitative analysis of three prominent cases arising at different times in the Court’s history: Dred Scott v. Sandford, Morrison v. Olson, and U.S. Term Limits, Inc., v. Thornton. It analyzes how the Court employed the Convention records in these cases. The article concludes with some conclusions about the role of constitutional history as a method of persuasion in briefs and judicial opinions.
Unfortunately, the extensive graphs and charts do not appear on Westlaw or Lexis.