University of Wisconsin–Madison

Tag: Issue 4 – Fall 2025 – Dialogue

Madisonian Liquidation Unliquidated

By Jack Rakove. William Baude’s provocative essay on “Constitutional Liquidation,” published five years ago, is the best treatment of the subject. Whether the liquidation of constitutional indeterminacies, to Madison’s way of thinking, is equivalent to the fixation of constitutional meaning, is another matter entirely.