Living Originalism / Jack M. Balkin.

Cambridge, MA : Harvard University Press, [2011]

©2014

1 online resource (480 p.)

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.

In English.

Mode of access: Internet via World Wide Web.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 30. Aug 2021)

www

Title is part of eBook package: E-BOOK GESAMTPAKET / COMPLETE PACKAGE 2011 De Gruyter
Title is part of eBook package: E-BOOK PACKAGE ENGLISH LANGUAGES TITLES 2011 De Gruyter
Title is part of eBook package: E-BOOK PAKET RECHTSWISSENSCHAFTEN 2011 De Gruyter
Title is part of eBook package: HUP eBook-Package Backlist 2000-2013 (Canada) De Gruyter
Title is part of eBook package: Harvard University Press eBook Package Backlist 2000-2013 De Gruyter

restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization

Access provided by Berkeley Law Library
Access provided by Berkeley Law Library via De Gruyter online
Access provided by Berkeley Law Library via Ebrary

DeGruyter online

English

9780674063037

Monographs & Serials
Electronic Resources