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Divided Argument

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Analyzing Post-Enactment History in Legal Interpretation

The chapter delves into the use of post-enactment history in legal interpretation, highlighting its role in understanding the constitution's original meaning and resolving ambiguous provisions. It discusses separate opinions by Justices in various cases, emphasizing the importance of considering history beyond the founding era for determining constitutionality. The conversation also explores nuances in judicial opinions, implications of prior convictions on trial outcomes, and debates surrounding core criminal procedure rights and jury instructions.

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