Jack Balkin
Con Law Prof and Director of Yale's Information Society Project and Abrams Institute for Free Expression
Articles
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Oct 1, 2024 |
libertiesjournal.com | Jack Balkin |Sanford Levinson |Jake Harrison
“In America, the people govern, the people rule, and the people are sovereign.” So said President Donald Trump in his inaugural speech to the United Nations in September 2017. “In foreign affairs, we are renewing this founding principle of sovereignty. Our government’s first duty is to its people, to our citizens… As President of the United States, I will always put America first.” Trump used the terms “sovereign” and “sovereignty” some twenty-one times in his U.N. address.
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May 6, 2024 |
lawliberty.org | Jack Balkin |Aaron Coleman |Adam White |Theodore Dalrymple
Jack M. Balkin’s Memory and Authority deserves praise for advocating that a natural relationship exists between history and constitutional interpretation. He is right to point out that both should rely upon one another more than they do; it is a shame that each group looks sideways at the other. Much of this suspicion emerged with the rise of professional history a century ago, with its disciplinary focus on context, causality, and change over time.
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May 6, 2024 |
lawliberty.org | Jack Balkin |Brian A. Smith |John Grove |Lee Trepanier
A Law & Liberty symposium on Jack M. Balkin's Memory and Authority. The Supreme Court’s recent turn to history and tradition as guides for understanding the public meaning of text has reignited longstanding debates about the uses of history in law. In Memory and Authority, the longtime advocate of “living originalism,” Jack Balkin, argues that the Court’s use of history is self-serving, and amounts to the “mirror image” of living constitutionalism.
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May 6, 2024 |
lawliberty.org | Jack Balkin |Mark Movsesian |Adam White |Theodore Dalrymple
History and tradition are having a moment in American constitutional law. In recent landmark cases, the Supreme Court has looked to history and tradition as guides to construing the meaning of the Constitution. For example, in Kennedy v.
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The Supreme Court Meets the Free Speech Triangle. My latest article discusses Moody v. NetChoice. It's now available on SSRN. https://t.co/moFGsCfLgg
What Lawyers Want From History. My latest, on SSRN. https://t.co/DAYjCPjy3i
We Are All Cafeteria Originalists Now (and We Always Have Been). My latest essay, now on SSRN: https://t.co/qMSOPtktaz