Apr 22, 2025
The Rule of Historicist Judges?
Jack Balkin’s new book, Memory and Authority, opens with an account of the “modalities” of historical argument that lawyers and judges may employ in interpreting the Constitution. These include arguments based on text, constitutional structure, and purpose, but also factors like “national ethos,” “political tradition,” and “honored authority.” It soon emerges that Balkin’s underlying goal in listing these approaches, as...
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