Constitutional Law

What is Living Constitutionalism?

In a recent blogpost, Professor Jack Balkin explains "living constitutionalism" as a model where "successive generations may not reject the Constitution's text and principles, but they may decide how best to honor, implement, and apply them through constitutional constructions and doctrinal implementations." He contrasts living constitutionalism with originalism:

Living constitutionalism is primarily a theory about what makes the process that produces changing interpretations of the Constitution legitimate. It is not primarily a theory that offers advice to judges about how to decide particular cases, for the general sort of advice it offers– keep up with the times, and adapt to changing conditions– is probably unnecessary in any event.

Papers from a symposium hosted by ACS last year, including one by Professor Balkin, further explore the issue of "Keeping Faith with the Constitution in Changing Times."

Full post as published by ACS Blog on March 27, 2008 (boomark / email).