Ratification of Constitutional Amendments
As I think about what my next big project might be, one thought is that lawyers know little about what was said in the state legislatures about the amendments to the Constitution. We know a lot about the state ratification debates on the Constitution itself (at least for the states that kept some information) but after that the quality of the historical record drops off dramatically. I’m not sure if that is because state legislatures did not keep notes of their debates (say, during the eighteenth and nineteenth centuries), if the debates were lackluster, or if nobody has bothered to do the research. Surely, for the more recent amendments there are complete state legislative accounts, and I’m sure that people would like to know, for example, what was said there about the Twenty-Fourth or the Twenty-Fifth Amendments. But there is no single place to find a summary of those discussions. David Kyvig’s terrific book on constitutional change is the closest example, but that is still far from what I’m thinking about.