Title: 'Witnesses' in the Confrontation Clause: Crawford v. Washington, Noah Webster, and Compulsory Process
Abstract: Crawford v. Washington changed how the Confrontation Clause is interpreted. Crawford has drawn commentary primarily about the meaning of "testimonial statements," its key, but undefined, concept and its historical analysis, which formed a foundation for the decision. This article, however, focuses on another part of Crawford's analysis and on analyses Crawford did not do but should have.