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A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
This symposium, held October 23, 2015, was organized to honor the late Washington Supreme Court Justice Robert F. Utter. The presentations, panel discussions and resulting papers included in this series focused on issues in state constitutional law of special concern to him.Robert F. Utter had a long and fruitful career as a jurist, as a law teacher in the United States and in developing democracies, and as a thinker and writer on state constitutional law. In all aspects of his work, Justice Utter showed an unswerving commitment to individual liberty; judicial accountability and independence; access to justice; and human rights. He also made striking contributions to the rediscovery and reestablishment of state constitutional jurisprudence in America, independent from federal constitutional interpretation but interacting positively with the development of law by the federal courts. The symposium was meant to honor Justice Utter's life and work with discussions and essays that continue the growth of state constitutional jurisprudence.Contents Ronald K.L. Collins, Utter Lessons, 91 Wash. L. Rev. Online 23-26 (2016) Robert F. Williams, Justice Robert Utter, the Supreme Court of Washington, and the New Judicial Federalism: Judging and Teaching, 91 Wash. L. Rev. Online 27-39 (2016) Justice Debra Stephens, The Once and Future Promise of Access to Justice in Washington's Article I, Section 10, 91 Wash. L. Rev. Online 41-56 (2016) G. Alan Tarr, Popular Consitutionalism and Its Enemies, 91 Wash. L. Rev. Online 57-90 (2016) Kristen L. Fraser, McCleary: Positive Rights, Separation of Powers, and Taxpayer Protections in Washington's State Constitution, 91 Wash. L. Rev. Online 91-140 (2016) Johanna Kalb, Evaluating International State Constitutionalism, 91 Wash. L. Rev. Online 141-56 (2016) Thomas A. Balmer, "Does Oregon's Constitution Need a Due Process Clause? Thought on Due Process and Other Limitations on State Action, 91 Wash. L. Rev. Online 157-76 (2016)