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CONSTITUTIONAL MEMORIES

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.