Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System

Siegel, Neil S.

Journal: Michigan Law Review

Volume: 111

First Page: 931

Year: 2013

Bluebook Citation: 111 MICH. L. REV. 931 (2013)

Author: Neil S. Siegel: all 27 publications


Abstract

Jack Balkin's Living Originalism is a sweet read. It is beautifully written, illuminating, and provocative. It is conducive to deep reflection about foundational questions. In the book, Balkin reasons from two points of view - the perspective of the constitutional system as a whole and the perspective of the faithful participant in that system (p. 130).

First, he provides a systemic account of constitutional change, which he calls "living constitutionalism." Second, he offers an approach to constitutional interpretation and construction, which he calls "framework originalism." These two components-living constitutionalism and framework originalism - together constitute his overall theory of "living originalism."

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.