Framework Originalism and the Living Constitution, 103 Nw. L. Rev. 549 (2009)
Original meaning originalism and living constitutionalism are compatible positions. In fact, they are two sides of the same coin. Although not all versions of these theories are compatible, the most intellectually sound versions of each theory are. Recognizing why they are compatible helps us understand how legitimate constitutional change occurs in the American constitutional system. The first Part of this Article offers a short summary of what I believe is the best account of original meaning originalism and what I regard as its central purpose: setting up a basic structure for government, making politics possible, and creating a framework for future constitutional construction.
Date of Authorship for this Version
Balkin, Jack M., "Framework Originalism and the Living Constitution" (2009). Faculty Scholarship Series. Paper 222.