Constitutional Commentary articles from June 2007

Constitutional Commentary archives from June 2007

Can a constitutional amendment overrule a Supreme Court decision?
June 22, 2007... Of course it can, you idiot!, you might well say to me, answering my title question. Why would anyone waste even the minimal time needed to write a short, light article addressing a question with such a ridiculously self-evident answer? ...

Abortion and original meaning.
June 22, 2007... I. ORIGINALISM VERSUS LIVING CONSTITUTIONALISM: A FALSE DICHOTOMY In his famous critique of Roe v. Wade, (1) John Hart Ely remarked that if a principle that purportedly justifies a constitutional right "lacks connection with any value the...

The perpetual anxiety of living constitutionalism. (response to article by Jack M. Balkin in this issue, p. 291)
June 22, 2007... It certainly seems like the originalists are winning. Professor Jack Balkin--finding that he couldn't beat 'em--joined them. (1) Living constitutionalists used to turn to Balkin as a reliable advocate; he recently wrote "we are all living...

Original interpretive principles as the core of originalism.(response to article by Jack M. Balkin in this issue, p. 291)
June 22, 2007... Abortion and Original Meaning is a powerful article that is sure to have resonance in the field of constitutional interpretation. Professor Balkin undertakes what many previously would have thought a conjuror's trick: he attempts to locate the...

Originalism and its discontents (plus a thought or two about abortion). (response to article by Jack M. Balkin in this issue, p. 291)
June 22, 2007... In Abortion and Original Meaning, (1) Jack Balkin presents an intriguing new argument for the soundness of the result, though not the reasoning, of Roe v. Wade. (2) Balkin is one of his generation's widest ranging and most consistently engaging...

Underlying principles.(response to article by Jack M. Balkin in this issue, p. 291)
June 22, 2007... In his article, Abortion and Original Meaning, (1) Jack Balkin makes the startling disclosure that he is now an originalist. "[C]onstitutional interpretation," he writes, "requires fidelity to the original meaning of the Constitution and to the...

The progressive political power of Balkin's "original meaning".(response to article by Jack M. Balkin in this issue, p. 291)
June 22, 2007... Jack Balkin's Abortion and Original Meaning should be widely read and debated, not only by constitutional theorists but by a broad range of those who care about his subject: how the United States interprets its foundational document. How should...

Original meaning and constitutional redemption. (response to articles in this issue, p. 353, 371, 383, 405, 417)
June 22, 2007... One of the many benefits of having one's ideas analyzed by a group of intelligent and able commentators (1) is that they improve the work by showing the author which parts of the argument need to be clarified, which parts need to be adjusted,...

Reconstructing the Fourth Amendment: A History of Search and Seizure.(Book review)
June 22, 2007... RECONSTRUCTING THE FOURTH AMENDMENT: A HISTORY OF SEARCH AND SEIZURE, 1789-1868. By Andrew E. Taslitz. (1) New York, New York University Press. 2006. Pp. xi +363. $50.00. Andy Taslitz is one of the most thoughtful and prolific members of...

Religion and the Constitution: Free Exercise and Fairness.(Book review)
June 22, 2007... RELIGION AND THE CONSTITUTION: FREE EXERCISE AND FAIRNESS. By Kent Greenawalt. (1) Princeton University Press. 2006. Pp. xi + 455. $39.00. A familiar hymn, still sung with gusto on many Sunday mornings, has a couple of choice lines that...