Contributions by ‘Jack M. Balkin’
Lawyers and historians argue about the Constitution
Jack M. Balkin* Introduction The quarrel between lawyers and historians about the proper use of history in constitutional law is an old one. It predates the rise of conservative originalism in the 1970s and 1980s. For example, the term “law office history”—now regularly employed to criticize lawyers who engage in historical arguments that are opportunistic,…Read More
Arguing About the Constitution: The Topics in Constitutional Interpretation
Jack M. Balkin* Introduction Constitutional construction is the part of constitutional interpretation in which interpreters implement and give effect to the Constitution—for example, by creating doctrines, practices, and institutions. The idea of constitutional construction is central to the New Originalism, which divides constitutional interpretation into two tasks. Interpretation (in the narrower sense) ascertains the text’s…Read More
The Construction of Original Public Meaning
The Constitution as a Box of Chocolates.
Abortion and Original Meaning
Original Meaning and Constitutional Redemption
The Top Ten Reasons to Be a Legal Pragmatist
The Rule of Law as a Source of Constitutional Change.
Which Republican Constitution?
Our Republican Constitution: Securing the Liberty and Sovereignty of We the People. By Randy E. Barnett. New York: HarperCollins Publishers. 2016. Pp. xiv + 283. $26.99 (cloth). Jack M. Balkin Randy Barnett, Meet Inigo Montoya Reading Randy Barnett’s new book Our Republican Constitution, one feels like Inigo Montoya in The Princess Bride: “You keep using…Read More