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Memory and Authority
From one of the nation's preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct--and erase--memory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly oppos...
Living Originalism
Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play imp...
The Cycles of Constitutional Time
What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering...
The Laws of Change
He shows how the I Ching's divinatory system helps the reader discover the book's underlying philosophy through applying its insights to everyday problems."--BOOK JACKET.
Legal Canons
Every discipline has its canon: the set of standard texts, approaches, examples, and stories by which it is recognized and which its members repeatedly invoke and employ. Although the last twenty-five years have seen the influence of interdisciplinary approaches to legal studies expand, there has been little recent consideration of what is and what ought to be canonical in the study of law today. Legal Canons brings together fifteen essays which seek to map out the legal canon and the way in which law is taught today. In order to understand how the twin ideas of canons and canonicity operate in law, each essay focuses on a particular aspect, from contracts and constitutional law to questions of race and gender. The ascendance of law and economics, feminism, critical race theory, and gay legal studies, as well as the increasing influence of both rational-actor methodology and postmodernism, are all scrutinized by the leading scholars in the field. A timely and comprehensive volume, Legal Canons articulates the need for, and means to, opening the debate on canonicity in legal studies. Table of Contents
Processes of Constitutional Decisionmaking
Processes of Constitutional Decisionmaking: Cases and Materials, Eighth Edition
Democracy and Dysfunction
It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American pre...
Processes of Constitutional Decisionmaking
Processes of Constitutional Decisionmaking: Cases and Material 2018 Supplement
Processes of Constitutional Decisionmaking
Processes of Constitutional Decisionmaking: Cases and Materials, Seventh Edition, 2021 Supplement
Processes of Constitutional Decisionmaking
Processes of Constitutional Decisionmaking: Cases and Material 2017 Supplement
