Historical Gloss: A Primer
15 Pages Posted: 19 Jan 2013 Last revised: 31 Jan 2013
Date Written: January 29, 2013
Abstract
This response to Curtis Bradley and Trevor Morrison’s article “Historical Gloss and the Separation of Powers,” 126 Harv. L. Rev. 411 (2012), addresses three key themes raised in the article: the meaning of historical practice for purposes of constitutional interpretation; its shortcomings as a source of constitutional authority; and the significance of the “Madisonian model” for separation of powers analysis.
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