Constitutional Commentary, Vol. 24, May 2007
18 Pages Posted: 20 Dec 2006 Last revised: 11 Jun 2008
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: 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