The Perpetual Anxiety of Living Constitutionalism
@article{Leib2006ThePA,
title={The Perpetual Anxiety of Living Constitutionalism},
author={Ethan J. Leib},
journal={Constitutional commentary},
year={2006},
volume={24},
pages={353-370}
}It certainly seems like the originalists are winning. Professor Jack Balkin - finding that he couldn't beat 'em - joined them. Living constitutionalists used to turn to Balkin as a reliable advocate; he recently wrote we are all living constitutionalists now. But Balkin has forsaken them. Losing such an important advocate might be a sign that what some once deemed the ascendant and dominant theory in constitutional interpretation is on the decline. Still, don't count living constitutionalism…
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