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The Roots of the Living Constitution
Balkin, Jack
Balkin, Jack
Abstract
On the cover of David Strauss’s The Living Constitution1 is a magical tree. The metaphor of a tree connotes what is living and organic; it also suggests Canada’s doctrine of a constitution as a living tree. The tree sits above a parchment copy of the Constitution, suggesting that the real Constitution grows out of and transcends the ancient text. Branches of the tree radiate in all directions, and in place of ordinary leaves there are stars, perhaps standing for famous judicial decisions such as Brown v. Board of Education or McCulloch v. Maryland.