April 2013 Vol. 111 No. 6 THE REVIEW

Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System

Neil S. Siegel

Jack Balkin's Living Originalism is a sweet read. It is beautifully written, illuminating, and provocative. It is conducive to deep reflection about foundational questions.

In the book, Balkin reasons from two points of view-the perspective of the constitutional system as a whole and the perspective of the faithful participant in that system (p. 130). First, he provides a systemic account of constitutional change, which he calls "living constitutionalism." Second, he offers an approach to constitutional interpretation and construction, which he calls "framework originalism." These two components-living constitutionalism and framework originalism-together constitute his overall theory of "living originalism." 

 

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