Constitutional Retconning: History in Judicial Reasoning and Changes in Constitutional Meaning
Bibliographic record
Abstract
Retroactive continuity or “retconning” describes a situation where the established history or continuity of a narrative is adjusted or reinterpreted to align with new developments in the story. The concept was popularized in reference to comic books and television shows. This article develops and applies a novel concept, constitutional retconning, to examine how the courts have relied on retconning as an interpretive tool when redefining the meaning or scope of constitutional provisions. I explore the implications of constitutional retconning by analyzing three important instances where the courts have established a reimagining of history or new understandings of historical facts. Because retconning concerns historically established narratives about the constitution, constitutional retconning can have profound implications for changes in constitutional meaning and our understanding of the development of the constitution.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.013 | 0.027 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.003 | 0.004 |
| Science and technology studies | 0.009 | 0.080 |
| Scholarly communication | 0.015 | 0.020 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.004 | 0.008 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".