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rauchway's profile
Eric Rauchway
Eric Rauchway
Eric Rauchway
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@rauchway

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Eric RauchwayVerified account

@rauchway

Distinguished Professor, officially. Writes books (see link). Florida man.🌴 Proud to serve the people of California. My views are but mine own.

Davis, CA
yalebooks.yale.edu/book/978030025…
Joined December 2010

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    Eric Rauchway‏Verified account @rauchway 11 Aug 2019

    Fun fact about originalism the Federalists don't want you to know: the Constitution wasn't the Constitution until ratified by the people, the people being sovereign. The original meaning that should reign is therefore that of the ratifying electorate, not the framers.

    9:24 AM - 11 Aug 2019
    • 160 Retweets
    • 665 Likes
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    49 replies 160 retweets 665 likes
      1. New conversation
      2. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        (That is, if you think the original meaning should reign.)

        3 replies 3 retweets 59 likes
        Show this thread
      3. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        (I used to teach the revolution and the constitution—to British students—and also ta'ed for Jack Rakove back in the day.)

        3 replies 3 retweets 53 likes
        Show this thread
      4. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        (That doesn't mean I Am Right, I'm just explaining how it happened that I have any ideas about it at all.)

        1 reply 3 retweets 47 likes
        Show this thread
      5. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        Another fun fact: it wasn't in my mind when writing this original tweet that people refer to members of the modern Federalist Society as "Federalists," which also happens to be the name of a c18-c19 political faction.

        2 replies 1 retweet 42 likes
        Show this thread
      6. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        Confusion in interpretation is generally the fault of the author. I apologize for the badness of my tweet.

        1 reply 0 retweets 19 likes
        Show this thread
      7. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        Rather than delete it, as it’s mostly harmless, I’ll supply A Short History of a Bad Tweet:

        1 reply 0 retweets 13 likes
        Show this thread
      8. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        I saw some arguments fly by in the TL about what’s really in The Federalist. I don’t like to punch down or, to be honest, fight directly. So I thought I’d subtweet, as one does.

        1 reply 0 retweets 21 likes
        Show this thread
      9. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        I did so in a common mode of historian-speak, using the historical present tense, eg, “what Alexander Hamilton isn’t gonna tell you is”

        1 reply 0 retweets 14 likes
        Show this thread
      10. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        As I say it didn’t occur to me I’d be annoying the present day Federalists who I’d forgotten or never knew call themselves that.

        1 reply 1 retweet 17 likes
        Show this thread
      11. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        (I have much more substantial complaints with them.)

        1 reply 0 retweets 13 likes
        Show this thread
      12. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        Anyway. Here’s the long version of what I meant. It’s comparatively easy to argue about what the framers thought.

        1 reply 0 retweets 12 likes
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      13. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        Madison, among other framers, did it and enabled it, with The Federalist and the Notes.

        1 reply 1 retweet 16 likes
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      14. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        But Madison did this while also saying it was irrelevant, really, because ratifier intent is what matters, not framer intent.

        1 reply 3 retweets 26 likes
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      15. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        But it’s tempting—even to Madison—to slip back into what-did-the-framers-say. Which is dodgy not only because of popular sovereignty but

        1 reply 0 retweets 15 likes
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      16. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        moreover, because framers—specifically Madison and Hamilton writing The Federalist—were often in persuasive and reassuring mode, not in frank confessional, analytical, or predictive mode.

        1 reply 1 retweet 25 likes
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      17. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        Then after ratification, Federalists wanted to act more freely (and perhaps in ways the ratifiers would have found not so reassuring).

        1 reply 0 retweets 15 likes
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      18. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        That includes Madison, eventually, despite his Democratic-Republican alignment.

        1 reply 0 retweets 15 likes
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      19. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        Both he and Jefferson, in power, acted fairly Federalist.

        1 reply 0 retweets 17 likes
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      20. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        Madison eventually argued that this sort of thing was constitutional because not only did public meaning matter but that public meaning evolved.

        3 replies 4 retweets 27 likes
        Show this thread
      21. Eric Rauchway‏Verified account @rauchway 11 Aug 2019

        And thus so did what was Constitutional.

        1 reply 2 retweets 24 likes
        Show this thread
      22. End of conversation

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