The Perpetual Anxiety of Living Constitutionalism
Ethan J. Leib
Fordham University School of Law
Constitutional Commentary, Vol. 24, May 2007
It certainly seems like the originalists are winning. Professor Jack Balkin - finding that he couldn't beat 'em - joined them. Living constitutionalists used to turn to Balkin as a reliable advocate; he recently wrote we are all living constitutionalists now. But Balkin has forsaken them. Losing such an important advocate might be a sign that what some once deemed the ascendant and dominant theory in constitutional interpretation is on the decline. Still, don't count living constitutionalism out of the game just yet.
Number of Pages in PDF File: 18Accepted Paper Series
Date posted: December 20, 2006 ; Last revised: June 11, 2008
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