Abstract

http://ssrn.com/abstract=1294787
 


 



Two Cheers for Professor Balkin's Originalism


Steven G. Calabresi


Northwestern University - School of Law

Livia Fine


Northwestern University - School of Law

November 3, 2008

Northwestern Public Law Research Paper No. 08-38

Abstract:     
Yale law professor Jack Balkin has recently argued in three forthcoming law review articles that originalism and living constitutionalism are compatible contrary to the claims of Supreme Court Justice Antonin Scalia. This essay explores Balkin's claims, agrees with him to some extent, but suggests a number of subjects on which Balkin needs to say more. Balin's writing is powerful, but we argue his approach to constitutional interpretation is in tension with some of the core fundamental principles of constitutionalism itself.

Number of Pages in PDF File: 57

Keywords: Originalism, Constitutional Theory, Justice Scalia, Constitutionalism

JEL Classification: K19

working papers series





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Date posted: November 4, 2008  

Suggested Citation

Calabresi, Steven G. and Fine, Livia, Two Cheers for Professor Balkin's Originalism (November 3, 2008). Northwestern Public Law Research Paper No. 08-38. Available at SSRN: http://ssrn.com/abstract=1294787 or http://dx.doi.org/10.2139/ssrn.1294787

Contact Information

Steven G. Calabresi (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States

Livia Fine
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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