Constitutionalism: It's Political, It's Legal-- It's Two Mints in One!

Constitutionalism: It's Political, It's Legal-- It's Two Mints in One!

Constitutionalism: It's Political, It's Legal-- It's Two Mints in One!

Slate's blog on legal issues.
March 20 2008 7:24 AM

Constitutionalism: It's Political, It's Legal-- It's Two Mints in One!

Dahlia Lithwick and Eric Posner question my political science-style account of living constitutionalism ,in which popular mobilization and partisan entrenchment in thejudiciary play a major role in shaping constitutional change. Dahliadoesn't like the normative implications of my account, while Ericlargely agrees with the account descriptively but thinks it makesjudicial review superfluous. Let me respond to Dahlia in this post, andrespond to Eric in a later post.

Jack M. Balkin is Knight professor of constitutional law and the First Amendment at Yale Law School.