Two Cheers for Professor Balkin's Originalism

57 Pages Posted: 4 Nov 2008  

Date Written: November 3, 2008

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.

Keywords: Originalism, Constitutional Theory, Justice Scalia, Constitutionalism

JEL Classification: K19

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: https://ssrn.com/abstract=1294787 or http://dx.doi.org/10.2139/ssrn.1294787

Steven G. Calabresi (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Livia Fine

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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