Living originalism [electronic resource] / Jack M. Balkin.
Balkin, J. M.
2011
KF4552 .B35 2011eb
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Title Living originalism [electronic resource] / Jack M. Balkin.
Author Balkin, J. M.
ISBN 9780674063037 electronic book
9780674061781
Publication Details Cambridge, Mass. : Harvard University Press, 2011.
Language English
Description 1 online resource (vi, 474 p.)
Call Number KF4552 .B35 2011eb
Dewey Decimal Classification 342.73001
Summary "Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation's founding document, are not in conflict--they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state's protection of national security, health, safety, and the environment, are fully consistent with the Constitution's original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution's authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution's text and principles. Balkin's analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own."--pub. desc.
Bibliography, etc. Note Includes bibliographical references and index.
Access Note Access limited to authorized users.
Source of Description Description based on print version record.
Available in Other Form Living originalism.
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Fidelity to text and principle
Framework originalism
Why original meaning?
Basic law, higher law, our law
Constitutional faith and constitutional redemption
Originalisms
Precedents and pragmatic exceptions
Construction
A platform for persuasion
Commerce
Privileges or immunities
Equality before the law
Texts and principles
Change
Rethinking living constitutionalism
Change and legitimacy.

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