Pinned
Let me start to answer my own question - a reading list of the use of history to square the circle of a social contract that binds people who had no input into its drafting: - Memory and Authority, Jack Balkin - Reva Siegel, The Politics of Constitutional Memory. law.yale.edu/sites/defaul...
And that doesn’t even get to the obvious absurdity of countenancing the idea that white, slave-owning, drafters might adequately represent the views and understandings of enslaved Black people (or even freedmen). Ugh! Can you point me to forceful anti-originalist writings on this topic?