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The progressive political power of Balkin's "original meaning".(response to article by Jack M. Balkin in this issue, p. 291)
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Constitutional Commentary
- Article date:
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June 22, 2007
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Copyright informationCOPYRIGHT 2007 Constitutional Commentary, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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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 those who are part of that interpretive enterprise--from federal judges to "we the people"--go about the process of defining our core constitutional principles and who we are as a nation? And how should that interpretive process apply to one of the most controversial issues of the day, abortion?
Constitutional theory, of course, is the subject of an enormous scholarly literature, and others have agreed with Balkin that the ...
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