CONSTITUTIONAL MEMORIES
Balkin, Jack M.
Balkin, Jack M.
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Abstract
Many arguments in constitutional law invoke collective memory. Collective
memory is what a group-for example, a religion, a profession, a people, or a
nation-remembers and forgets about its past.1 This combination of remembering
and forgetting helps constitute the group's identity and structures its values and its
commitments. Precisely because memory is selective, it may or may not correspond
to the best account of historical facts.