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
Date Written: January 25, 2013
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: Suggested Citation