Living Originalism

Living Originalism Originalism and living constitutionalism so often understood to be diametrically opposing views of our nation s founding document are not in conflict they are compatible So argues Jack Balkin one o

  • Title: Living Originalism
  • Author: Jack Balkin
  • ISBN: 9780674061781
  • Page: 373
  • Format: Hardcover
  • Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation s founding document, are not in conflict they are compatible So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long awaited book Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern coOriginalism and living constitutionalism, so often understood to be diametrically opposing views of our nation s founding document, are not in conflict they are compatible So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long awaited book Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state s protection of national security, health, safety, and the environment, are fully consistent with the Constitution s original meaning And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction.By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution s authors constructed a framework for politics on which later generations could build Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution s text and principles Balkin s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

    One thought on “Living Originalism”

    1. Author Jack Balkin has stated in legal terms what I have been thinking for years. I had once thought I was alone in my reasoning of constitutional theory; turns out I am not. Living Originalism is a combination of two major constitutional ideas- the first believes that the constitution is a living document that can be changed to fit the times, and originalists maintain that we must interpret the document according to the original intents of the Founders. Balkin, amazingly, finds middle ground. H [...]

    2. "I recently finished Jack Balkin's Living Originalism, which is his effort to fuse originalism and living constitutionalism and to show that they're actually opposite sides of the same coin. Balkin is a wonderful writer, and I find his argument that we are being true to the Constitution's original meaning when we construe abstract phrases like "due process" and "equal protection" in accordance with our own times and values to be utterly convincing. As he says, the Framers deliberately chose to u [...]

    3. Started this massive work, but just not the right time to read an in depth analysis of constitutional theory. Put it on the to read, as I only got 1/4 way into it.

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