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Nine Perspectives on Living Orignalism
Balkin, Jack M.
Balkin, Jack M.
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Abstract
This Article responds to the nine contributions to the symposium on Living Originalism. It considers nine different aspects of the argument in the book: (1) why constitutions around the world contain vague and abstract language, and how a constitution’s choice of language connects to the purposes of a constitution; (2) the book’s theory of democratic legitimacy; (3) how the book’s argument applies to constitutional cultures outside the United States, and the relationship between original and implied meanings; (4) the differences between the book’s theory of constitutional interpretation and that of Ronald Dworkin; (5) whether the book’s account of legal principles is consistent with legal positivism; (6) the book’s account of the U.S. Constitution as both “fallen†and as “higher law†; (7) whether a “protestant†constitutional culture—in which citizens feel authorized to state what the Constitution means for themselves—benefits or harms democratic legitimacy; (8) the book’s account of the original meaning of “commerce†as “intercourse,†and Congress’s power to regulate interstate networks of transportation and communication; and (9) the book’s message for living constitutionalists and constitutional originalists.