Abstract

http://ssrn.com/abstract=2166352
 


 



Book Review Colloquy: How Do We Redeem the Time?


Stephen M. Griffin


Tulane University Law School

October 24, 2012

Texas Law Review, Forthcoming
Tulane Public Law Research Paper No. 12-22

Abstract:     
This is a review of Jack Balkin’s two recent books, Constitutional Redemption: Political Faith in an Unjust World (2011) and Living Originalism (2011). I concentrate on understanding Balkin’s encompassing vision of American constitutionalism along two dimensions – his theory of constitutional change and his theory of constitutional “construction.” I applaud Balkin’s historicist approach to constitutional change, although I am skeptical of his treatment of the New Deal and a crucial aspect of his argument with respect to the adoption of the Constitution. On matters of interpretation or “construction,” I react against Balkin’s denial of the relevance of judicial supremacy and have a more skeptical take on judicial review generally. I conclude that both of these books are well worth reading and Living Originalism, in particular, may well become a standard touchstone for constitutional theory.

Number of Pages in PDF File: 21

Keywords: constitutional change, constitutional interpretation, constitutional construction, judicial supremacy, originalism, living constitutionalism

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Date posted: October 30, 2012  

Suggested Citation

Griffin, Stephen M., Book Review Colloquy: How Do We Redeem the Time? (October 24, 2012). Texas Law Review, Forthcoming; Tulane Public Law Research Paper No. 12-22. Available at SSRN: http://ssrn.com/abstract=2166352

Contact Information

Stephen M. Griffin (Contact Author)
Tulane University Law School ( email )
6329 Freret Street
New Orleans, LA 70118
United States
504-865-5937 (Phone)
504-862-8852 (Fax)
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