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Constitutional And Religious Redemption: Assessing Jack Balkin's Call For A 'Constitutional Project’, Linda C. Mcclain
Constitutional And Religious Redemption: Assessing Jack Balkin's Call For A 'Constitutional Project’, Linda C. Mcclain
Faculty Scholarship
I begin with a disclaimer: I am not a constitutional theorist. I haven’t even played one on TV. But according to Professor Jack Balkin’s ambitious new book Living Originalism, that should not stop me from engaging in what he calls “the constitutional project,” in which I, along with others, attempt to interpret – indeed, to redeem – the U.S. constitution.1 Living Originalism pairs two intriguing ideas: a “constitutional project” and “constitutional redemption.” I am excited by the notion of a project, and of a constitutional project in particular. In my work for at least a decade I have used the …
Family Constitutions And The (New) Constitution Of The Family, Linda C. Mcclain
Family Constitutions And The (New) Constitution Of The Family, Linda C. Mcclain
Faculty Scholarship
This article looks at a topic that has received little attention in the legal literature: constitution making by families. Of what interest is it to constitutional law and family law, and to those interested in the state of the family, that families undertake to draft - and are urged by assorted experts on the family to draft - family constitutions (by analogy to the U.S. constitution) and family mission statements (by analogy to corporate mission statements)? This article contends that this reported trend is a fruitful topic of inquiry, since it bears on important questions about the dynamics of family …