Berkowitz: \"Reading Into the Constitution\"

by Michael Sean Winters

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Over at Policy Review, Peter Berkowitz has a review of a new book by Jack Balkin in which Balin tries to create a synthesis between the originalism we associate with Justice Scalia and the "living document" approach to constitutional interpretation we associate with, say, Justice Breyer.

You do not have to agree with Berkowitz - or with Balkin - to enjoy the essay. It shows, in clear and lucid style, how complicated these issues are and, yet, how fortunate we are to live in a country and a time when such issues are resolved by argument and not by guns. Speaking of guns, I cannot refrain from recalling best refutation of Scalia's originalism I have ever heard. A friend remarked that he agreed the Second Amendment should be understood in its originalist sense and, consequently, he believed individual citizens had an absolute, incontrovertible right to bear muskets.

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