Jack Balkin's Living Originalism raises many important questions about contemporary constitutional theory. Can and should liberals and progressives embrace originalism? Can the New Deal expansion of national legislative power be given originalist foundations? Is there a plausible originalist case for a right to reproductive autonomy and hence for the Court's decision in Roe v. Wade? Is the fact of theoretical disagreement among originalists evidence for the thesis that the originalist project is in disarray?
7 Jerusalem Rev. Legal Stud. 17-34 (2013)
Scholarly Commons Citation
Solum, Lawrence B., "Construction and Constraint: Discussion of Living Originalism" (2013). Georgetown Law Faculty Publications and Other Works. Paper 1351.