Part I. Making historical arguments
History and the forms of constitutional argument
How modality shapes history
Arguments from national ethos, political tradition, and honored authority
Part II. Originalism and living constitutionalism
Why are Americans originalist?
Part III. Interpretation and construction
Why it's better to be thin
Making originalist arguments
Originalist arguments for everyone
Part IV. Constitutional memories
The power of memory and erasure
Constitutional memory and constitutional interpretation
Expanding constitutional memory
Part V. Lawyers and historians
Historians meet the modalities
The special skill and knowledge of lawyers
Lawyers' need for a usable past.
