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To the extent that the Constitution has an actual original meaning, that meaning is fixed by historical facts. What shapes constitutional law, however, is not the actual original meaning of the Constitution. It is the original meaning of the Constitution as imagined by judges and other officials at any given time. And how judges imagine the original meaning of the Constitution depends on their intuitions—half historical, half mythical—about the Founding narrative. If you can change the myth, you can change the Constitution.

Via Will Lin-Manuel Miranda Transform the Supreme Court? by Richard Primus published June 4, 2016 by The Atlantic.

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