In this short piece for a symposium on Jack Balkin's new book, Living Originalism, I welcome Jack Balkin into the originalist camp. I discuss how and why a nonoriginalist can become an originalist. By discussing how I eventually became an originalist at the end of the last century, I hope to shed some light on what exactly is so remarkable about Jack Balkin’s move. After discussing the appeal of the New Originalism that account for Balkin's originalist move, I conclude by offering a cautionary note about the use of "underlying principles in Balkin's "text and principle" approach, which in certain iterations can be indistinguishable from the old living constitutionalism that Balkin has put behind him.
Jerusalem Rev. of Legal Stud. 1-7 (March 27, 2013), http://jrls.oxfordjournals.org/content/early/2013/03/27/jrls.jlt001.full.pdf+html
Scholarly Commons Citation
Barnett, Randy E., "Welcome to the New Originalism: A Comment on Jack Balkin’s Living Originalism" (2013). Georgetown Law Faculty Publications and Other Works. Paper 1194.