57 Pages Posted: 4 Nov 2008
Date Written: November 3, 2008
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: 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