The Argument for (Living) Originalism: Comments on Jack Balkin's Theory of Constitutional Interpretation

Jerusalem Review of Legal Studies (2013)
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In this comment I consider Jack Balkin’s general argument for his method of constitutional interpretation – the question of why interpret (the United States Constitution) in this way (as presented in his book Living Originalism). I contrast this question with the way in which the conclusion of this argument should be implemented with regard to specific clauses – the question of how to interpret (the United States Constitution). While the former question is concerned with the general form of the argument, the latter is concerned with a substantiation of one premise in the argument.



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Re'em Segev
Hebrew University of Jerusalem

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