The Perpetual Anxiety of Living Constitutionalism
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.
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