The unbearable "lite"ness of history: American sodomy laws from Bowers to Lawrence and the ramifications of announcing a new past.

From: Fordham Urban Law Journal | Date: March 1, 2005| Author: | Copyright information

"On the surface, an intelligible lie; underneath, the unintelligible truth" (1)

Contrary to the most powerful claims of originalist scholars, history is not equipped to protect the Constitution from politically motivated interpretations. (2) This belief, grounded to varying degrees in the idea of an ascertainable and objective past, cultivated inside the vacuum of a legal community largely unencumbered by the methodological and epistemological questions dominant in philosophy and historiography. (3) Martin S. Flaherty's History "Lite" in Modern American Constitutionalism ...

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