Preconstitutional Sources and the Drafting and Ratification Process
This chapter considers the various pre-constitutional sources that the Court relies on to discover the original understanding as well as the uses that it has made of material relating to the drafting and ratification process. First, it discusses the Court's use of English and common law history, the influence of William Blackstone, colonial history, the Declaration of Independence, the Articles of Confederation, and the Virginia experience with freedom of religion. It then considers the Court's use of several different historical sources including statements, debates, and changes to the text during the drafting process, rejected provisions, understanding during the ratification process, the absence of discussion and the Federalist Papers.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.