Prof. Jack Balkin on 'Living Originalism' and the constitutionality of the Affordable Care Act

The progressive case for Originalism

[Living Originalism] allows [liberals] to claim that the Constitution belongs to [them]. It's not something that [just] belongs to people who dress up in tricorner hats and appear at Tea Party rallies. [...] Liberals have to reclaim the Constitution as their Constitution. To do that, they have to say, it's my text, it's my tradition, it's my connection to the [Founders.] It's my structure of government [the Constitution] that promotes what I think is right. -- Professor Jack Balkin

In his book Living Originalism, Professor Jack Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School, has brought forth his thesis of an understanding of our Constitution that is both faithful to its intended original purpose and consistent with progressive values. Professor Balkin rejects as a "false choice" the view that one must pick between seeing the Constitution as a "Living Document" or being faithful to its original intent. In fact, he believes authentic originalism requires a belief in both.

On April 27 and 28, Yale will hold a conference discussing these ideas. It will have an all-star legal cast as well as some all-star legal journalists. Professor Balkin was kind enough to talk with Adam Bonin and me about his book, the upcoming conference, Living Originalism, constitutional interpretation, politics and the Supreme Court. A report on the conversation on the flip.