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Construct or Construe

Stephen Sedley: Living Originalism, 30 August 2012

Living Originalism 
by Jack Balkin.
Harvard, 474 pp., £25.95, January 2012, 978 0 674 06178 1
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... How can you breathe life into a text if its meaning remains what it was in 1787 or 1868? Jack Balkin, who holds one of America’s premier chairs of constitutional law, argues that you can. He is not seeking to recruit diehard originalists to the cause of creative interpretation of the US constitution, or to persuade them and their antagonists ...

Capitalism in One Family

Jan-Werner Müller: The Populist Moment, 1 December 2016

... 37 per cent of voters considered Trump qualified to be president, so as the constitutional lawyer Jack Balkin put it, somebody had to tell Republicans that ‘although Trump is an unqualified son of a bitch, at least he is their unqualified son of a bitch. He may be a sinner, but he is not the Antichrist.’ Just as Farage needed Johnson and Gove, Trump ...

Get over it!

Corey Robin: Antonin Scalia, 10 June 2010

American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia 
by Joan Biskupic.
Farrar, Straus, 434 pp., $28, November 2009, 978 0 374 20289 7
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... part of the text and acquired its meaning. Not only on the right. Bruce Ackerman, Akhil Amar and Jack Balkin are just three of the most prominent liberal originalists writing today. Liberals on the court have undergone a similar shift. In his Citizens United v. Federal Election Commission dissent, Stevens wrote a lengthy excursus on the ‘original ...

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