Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System

Authors

Neil S. Siegel, Duke Law SchoolFollow

Abstract

Jack Balkin's Living Originalism is a sweet read. It is beautifully written, illuminating, and provocative. It is conducive to deep reflection about foundational questions. In the book, Balkin reasons from two points of view - the perspective of the constitutional system as a whole and the perspective of the faithful participant in that system (p. 130). First, he provides a systemic account of constitutional change, which he calls "living constitutionalism." Second, he offers an approach to constitutional interpretation and construction, which he calls "framework originalism." These two components-living constitutionalism and framework originalism - together constitute his overall theory of "living originalism."

Recommended Citation

Neil S. Siegel, Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System, 111 Mich. L. Rev. 931 (2013).
Available at: https://repository.law.umich.edu/mlr/vol111/iss6/6