In thinking about the Constitution, we should keep in mind the commonplaces that lace our thinking. We must keep them in sight at both levels: content and character, commonplace and commonplaceness–else their importance may escape us. Maitland’s view that "the history of law must be a history of ideas" is one such commonplace. Another was noticed by Edward Corwin: the "commonplace that every age has its own peculiar categories of thought; its speculations are carried on in a vocabulary which those who would be understood by it must adopt . . . ." These are tow of the commonplaces of our time, and if true they suggest tow related propositions.
Roger S. Ruffin,
An Address: The Constitution and the Dilemma of Historicism,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol6/iss2/2