Charlie Savage’s Twitter Archive—№ 10,571

@edswaine @marty_lederman @jacklgoldsmith @curtisabradley I'm just saying there is no real answer. Practice was the opposite in 19th Century to what it became in 20th (raising priors about whether Constitutional meaning can evolve), & even a long and clear historical practice isn't dispositive when untested (see, e.g., INS v. Chadha).