Campaign 2008 News & Politics Arts & Life Business & Tech Health & Science Style & Shopping Travel & Food Sports Slate on NPR Video

• Yes, Marty ...

  Posted Friday, May 16, 2008 12:30 PM By Diane Marie Amann
  
  ... there is a Republican core to yesterday's California marriage decision . Not only were three of the four justices in the majority Republican appointees, but they were appointed by either George Deukmejian or Pete Wilson, GOP governors not known for Read More...
  Filed under: living Constitution, abortion, California, same-sex marriage, california gay marriage, Roe v. Wade, privacy

• Is Liberal Constitutionalism "More Honest" Than Justice Scalia?

  Posted Monday, May 12, 2008 10:32 PM By Eric Posner
  
  Yes , says Jack, but how can one compare the honesty of a person and a theory? It's like saying that the theory of evolution is more honest than William Paley. Jack might mean that Scalia doesn't apply his theory of originalism honestly, or he might mean Read More...
  Filed under: living Constitution, Scalia, judicial activism

• Selling Justice

  Posted Monday, May 12, 2008 12:25 PM By Deborah N. Pearlstein
  
  Before I respond to Orin's thoughtful post, let me back up to Dahlia's diagnosis for a second - a diagnosis that I think amounts to saying that conservatives have been broadly more successful than progressives in persuading folks that originalism is the Read More...
  Filed under: living Constitution, Scalia

• Selling Liberal Constitutionalism

  Posted Monday, May 12, 2008 12:32 AM By Orin Kerr
  
  Deb and Dahlia , I think Scalia's argument resonates because it is rooted in populism. My sense is that this leaves liberal constitutionalists with two basic ways to sell the competing product. First, try to out-populist the populists. And second, focus Read More...
  Filed under: living Constitution, Scalia, breyer

• RE: The Salesmanship of Scalia

  Posted Sunday, May 11, 2008 9:11 PM By Dahlia Lithwick
  
  Deborah . You are reading me exactly right. ACS has done tremendous work on this front, and I am not slagging legal academics here at all. But between John Roberts' whole "umpire" thing and Scalia's little red bat-phone to the Framers, it seems to me Read More...
  Filed under: ACS, living Constitution, Scalia

• The Salesmanship of Justice Scalia

  Posted Saturday, May 10, 2008 2:39 PM By Deborah N. Pearlstein
  
  In case you living constitutionalists missed it, Dahlia just threw down the gauntlet at the end of her latest account of the many charms of Justice Scalia on his book tour. The problem, for those of us admittedly charmed but decidedly not persuaded by Read More...
  Filed under: ACS, living Constitution, Scalia

• Another guest post from Richard Schragger at UVA

  Posted Tuesday, April 01, 2008 2:34 PM By Dahlia Lithwick
  
  Rich Schragger responds to Jack Balkin: Because Jack was so kind as to respond to my prior post, I thought I’d pile on once more. I must admit that I am still a bit puzzled by Jack’s line between prescription and description. Jack’s account of living Read More...
  Filed under: originalism, living Constitution, jurisprudence

• Mr. Dooley smokes a ham*

  Posted Thursday, March 27, 2008 3:00 PM By Diane Marie Amann
  
  Jack's got it right when he writes: " Don't assume that living constitutionalism only swings to the left. It doesn't." And that's a lesson that extends beyond the question of whether today, 217 years after ratification, the 2d Amendment to the U.S. Constitution Read More...
  Filed under: Fourth Amendment, Due Process Clause, consultation of foreign or international law, Eighth Amendment, Second Amendment, living Constitution

• How Living Constitutionalism Works

  Posted Thursday, March 27, 2008 6:48 AM By Jack Balkin
  
  Last week Dahlia Litwick and Eric Posner asked an important question about my posts on living constitutionalism : If constitutional interpretation by judges responds to political and social mobilizations over time, why have judicial review at all? Why Read More...
  Filed under: living Constitution

• Guest poster Richard Schragger on externalist versus internalist views of the Constitution

  Posted Friday, March 21, 2008 2:19 PM By Dahlia Lithwick
  
  Richard Schragger is another Slate contributor who teaches at UVA law school. He sent in this email in an effort to clarify where you and I differ Jack. In his post concerning the “living Constitution” Jack takes Dahlia to task for her naiveté – how can Read More...
  Filed under: Heller, 2d amendment, living Constitution

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