Jack Balkin, Bizarre Originalist

The central tension in American constitutional law for decades has been between originalists and advocates of a “living Constitution.” Originalists say the meaning of the Constitution does not change over time - and in order to figure out what the Constitution means, judges and other interpreters should study the time period in which it was enacted and try to ascertain what it meant to the people involved. Living-constitutionalists, on the other hand, say there is no reason we should be bound by laws passed ages ago and that we’re free to adapt old laws to suit our times.

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