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E. Claiborne Robins Distinguished Chair in Law; Richmond School of Law; Constitutional History & Law; https://t.co/CU1t6DIYcE
Jan 18, 2021 12 tweets 5 min read
1/ The “I Have a Dream" speech is one of the most extraordinary speeches in American history. You should read it again. First, a few thoughts about the common American heritage Dr. King relied upon in calling Americans to rededicate themselves to the unfinished work of freedom. 2/ Dr. King delivered his speech in what he called the “hallowed spot” of the Lincoln memorial. More than a picturesque backdrop, King relied on America’s reverence for Lincoln and the common celebration of Lincoln’s words and acts, especially the Emancipation Proclamation.
Oct 18, 2020 8 tweets 3 min read
1/ Stanford historian Jack Rakove has an essay on originalism in today’s Washington Post (if you subscribe, you can find it). A long-time critic of originalism, Rakove insists the first “coherent” use of originalism is in Madison’s Jay Treaty speech of 1796. Rakove’s wrong. 2/ In his 1796 speech, Madison refers to his 1791 speech on the US Bank, delivered 3 years after ratification while the Bill of Rights remained pending in the States. Here, Madison presented a fully articulated originalist theory of constitutional interpretation.