The Indeterminacy of Historical Evidence

Abstract

I view my task in this Article to be proving that history is indeterminate. The rest of the Articles from this Panel may discuss what to do about the indeterminacy. I would like to put aside the normative questions and a number of empirical questions, including the question that Larry Alexander raised last night about whose intent we are examining. Rather, I would like to attempt an historical or originalist analysis of some interesting and controversial contemporary constitutional questions.