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The Perpetual Anxiety of Living Constitutionalism

Constitutional Commentary, Vol. 24, May 2007

18 Pages Posted: 20 Dec 2006 Last revised: 11 Jun 2008

Ethan J. Leib

Fordham University School of Law

Abstract

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.

Suggested Citation

Leib, Ethan J., The Perpetual Anxiety of Living Constitutionalism. Constitutional Commentary, Vol. 24, May 2007. Available at SSRN: https://ssrn.com/abstract=952384

Ethan J. Leib (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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