I have posted a draft of my latest essay, Teaching Constitutional Law Historically, on SSRN. Here is the abstract:
This short essay explains why I teach the introductory constitutional law course historically. It explains the advantages of a historical approach and the problems of canon formation inherent in an introductory course, which for many students, is the only constitutional law course they will ever take. A historical approach is also a great way to bring constitutional theory into the introductory course, including debates about originalism and the uses of history in constitutional interpretation.
The historical approach helps students learn to think about constitutional law from both internal and external perspectives; each perspective is essential to learning constitutional law, and each enriches the other. A historical approach also helps students understand the nature of constitutional revolutions, including the current changes wrought by the Roberts Court. Finally, a historical approach can help students understand the current moment of democratic backsliding in the United States and the country's periodic episodes of constitutional rot and constitutional renewal.
