Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

PDF

Northwestern Pritzker School of Law

2011

Fourteenth Amendment

Articles 1 - 1 of 1

Full-Text Articles in Law

Why Jack Balkin Is Disgusting, Andrew Koppelman Jan 2011

Why Jack Balkin Is Disgusting, Andrew Koppelman

Faculty Working Papers

Yale Law Professor Jack Balkin didn't win friends when he announced that (1) he is now a constitutional originalist and (2) the original meaning of the Fourteenth Amendment protects the right to abortion. His claim to membership in the originalist club brought forth a small army of eager bouncers, who were sure that originalism couldn't possibly defend the paradigmatic departure from the Constitution's original meaning.

Balkin has indeed posed a radical challenge to the vision of law that drives the originalists – more radical than he is willing to admit. His theory is in such deep tension with a commonly …