Thursday, August 24, 2006

No Contradiction Between Strict Constructionism and Living Constitution

Jack Balkin has written an article on his evolving belief that constitutional originalists and advocates of a living Constitution are actually saying the same thing. He then applies this thesis to the issue of abortion, arguing that there are two separate rights to abortion that can be inferred from an originalist reading of the Fourteenth Amendment.

The draft article can be downloaded (no charge) here. I have not read it yet, but the abstract is on the article download page, and Jack has also included it within his blog post here.

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