balkin.blogspot.fr - Balkinization

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Front page Balkin.com Balkinization an unanticipated consequence of Jack M. Balkin - Archives - January 2003 February 2003 March 2003 April 2003 May 2003 June 2003 July 2003 August 2003 September 2003 October 2003 November 2003 December 2003 January 2004 February 2004 March 2004 April 2004 May 2004 June 2004 July 2004 August 2004 September 2004 October 2004 November 2004 December 2004 January 2005 February 2005 March 2005 April 2005 May 2005 June 2005 July 2005 August 2005 September 2005 October 2005 Novemb

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Monday, August 28, 2023 The Relevance of Anti-Federalist Advocacy to Original Meaning Andrew Coan (coauthored by David S. Schwartz) Anti-Federalist advocacy during the ratification debates has been sorely neglected in the applied originalist literature on the Constitution’s original public meaning. This is a major methodological flaw with important–and counterintuitive–consequences for our understanding of federal power today.  Under public-meaning originalism, it is the objective communicative content of t

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