The Argument for (Living) Originalism: Comments on Jack Balkin's Theory of Constitutional Interpretation

Jerusalem Review of Legal Studies, Forthcoming

9 Pages Posted: 26 Jan 2013

See all articles by Re'em Segev

Re'em Segev

Hebrew University of Jerusalem – Faculty of Law

Date Written: January 25, 2013

Abstract

In this comment I consider Jack Balkin’s general argument for his method of constitutional interpretation – the question of why interpret (the United States Constitution) in this way (as presented in his book Living Originalism). I contrast this question with the way in which the conclusion of this argument should be implemented with regard to specific clauses – the question of how to interpret (the United States Constitution). While the former question is concerned with the general form of the argument, the latter is concerned with a substantiation of one premise in the argument.

Keywords: Democracy, Constitution, Originalism, Interpretation, Principle, Standard, Rule, Legitimacy

JEL Classification: K10

Suggested Citation

Segev, Re'em, The Argument for (Living) Originalism: Comments on Jack Balkin's Theory of Constitutional Interpretation (January 25, 2013). Jerusalem Review of Legal Studies, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2206937

Re'em Segev (Contact Author)

Hebrew University of Jerusalem – Faculty of Law ( email )

Mount Scopus
Jerusalem, 91905
Israel

HOME PAGE: http://en.law.huji.ac.il/people/reem-segev

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