New parlor game. Name a Supreme Court case in which constitutional history was determinative.
.@crescat @barryfriedman1 BURNHAM isn't about history at all--it's about judicial precedent, a different thing.
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@Profepps I couldn't tell whether@barryfriedman1 meant to exclude historical case law. -
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@crescat@barryfriedman1 well speaking only for myself, I took the question to mean actual history--evidence outside of the case law. -
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