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Democratizing Constitutional Memory
Siegel, Reva
Siegel, Reva
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Abstract
The article focuses on the concept of "constitutional memory" and its implications for judicial interpretation, particularly in the context of recent Supreme Court decisions that have invoked historical claims to justify changes in constitutional law. It critiques the Roberts Court's reliance on "history and tradition" to overturn established rights, such as abortion, arguing that these historical appeals often mask underlying judicial values and biases. The author emphasizes the need to democratize constitutional memory by including diverse perspectives and experiences that have historically been marginalized, thereby enriching the understanding of liberty and equality in American law. The article advocates for a more inclusive approach to constitutional interpretation that recognizes the contributions of those who have fought for rights and freedoms throughout history.