Jack Balkin has announced on his blog that his new book, Living Originalism, from Harvard University Press, is now out.
Jack's book is an incredible accomplishment. Jack develops an originalist theory of constitutional interpretation that he then attempts to reconcile with living constitutionalism. It is hard to square a circle, but Jack does an admirable job.
The book is also impressive in that it does not merely develop an original theory, but also spends considerable time exploring constitutional history in several important areas. This is a big book, but one worth spending the time to read.
As readers may know, I don't agree with Jack's approach to originalism. For some of my criticisms, see this recent paper John McGinnis and I wrote on Jack's book.
But one doesn't have to agree with a work to recognize its power and originality. Jack's book has both.
Posted at 12:07 AM