Constitutional Interpretation and Historians

Yesterday I learned that some Republican state legislators in North Carolina have sponsored a bill to declare an established religion—or at least, to declare that the federal Constitution wouldn’t prohibit such a declaration. In doing so, of course, they disregard a mainstream of constitutional jurisprudence on the issue that goes back into the ninteenth century but was really firmly established in the middle of the twentieth century. I’m not here to talk about that question, but I found it particularly interesting in light of the conversation I’ve been having by email over the last few weeks with Dr. Sean Wilson, an assistant professor of law at Wright State University, about his new book The Flexible ConstitutionContinue reading