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Living Originalism (Paperback)
Loot Price: R631
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Living Originalism (Paperback)
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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.
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