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Rh hearsay rule, as opposed to a constitutional right, was on the line. That weakens the importance of these sources, because courts might have gone to greater lengths (for example, redaction) to ensure that a jury did not consider a declaration whose admission would violate the State or Federal Constitution. Bruton v. United States, after all, grounds itself in the Sixth Amendment. 391 U. S. 123, 126 (1968).

At best, the evidence recounted in Part II–A shows that, during a narrow historical period, some courts assumed and others expressly held that a limiting instruction sufficiently protected a codefendant from a declaration inadmissible on hearsay grounds. In suggesting anything more, the Court overclaims. That is unfortunate. While history is often important and sometimes dispositive, we should be discriminating in its use. Otherwise, we risk undermining the force of historical arguments when they matter most.