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ORIGINALISM AND ITS DISCONTENTS (PLUS A THOUGHT OR TWO ABOUT ABORTION).
- Source :
-
Constitutional Commentary . Summer2007, Vol. 24 Issue 2, p383-404. 22p. - Publication Year :
- 2007
-
Abstract
- The author asserts that the debate over originalism presented by Jack Balkin concerns whether constitutional interpretation must be a search for the original understanding or intent. He examines whether the correct meaning of the constitution can change even absent constitutional amendment. Jack Balkin says that interpretation is influenced by social movements over interpretation by judges. Balkin's reasons for concluding that the originalist answer is better than the non-originalist answer rather than that the two answers should be studied.
- Subjects :
- *CONSTITUTIONAL amendments
*CONSTITUTIONAL law
*CONSTITUTIONS
Subjects
Details
- Language :
- English
- ISSN :
- 07427115
- Volume :
- 24
- Issue :
- 2
- Database :
- Academic Search Index
- Journal :
- Constitutional Commentary
- Publication Type :
- Academic Journal
- Accession number :
- 32085718