Kerber argues that when the
Constitutional Convention “issued its Constitution in the name of ‘We the
People,’ they were calling an imagined community into being.
Is it possible that she’s overstating her case here. Didn’t they originally want to say “We the
states,” but were worried that if some of the states didn’t ratify, that might
invalidate the Constitution. I have read
some commentators who say that “We the People,” was merely word-smithing.
I may be nitpicking, but the point seemed pretty important to her.
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