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Translation Without Fidelity: A Response To Richard Epstein’S Fidelity Without Translation, William Michael Treanor
Translation Without Fidelity: A Response To Richard Epstein’S Fidelity Without Translation, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
This article is a response to Fidelity Without Translation by Richard Epstein (1997).
Explaining why a body of work is influential is inevitably a complex matter, but part of the success of Professor Epstein’s writings undoubtedly stems from their grounding in the original understanding of the Constitution. He has claimed the mantle of the framers, and that claim gives his reading of the takings clause a deep resonance it would not otherwise have.
Explicitly rejecting Epstein’s reading of the clause and the history that lay behind its adoption, the author has previously advanced his own view of the original understanding …
Learning From Lincoln, William Michael Treanor
Learning From Lincoln, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
The most arresting aspect of Jack Balkin's thought-provoking paper about the consequences of fidelity to the Constitution is his use of Abraham Lincoln. Professor Balkin offers Lincoln as a prime example of someone blinded by fidelity to the Constitution. Lincoln's fidelity to the Constitution, Balkin tells us, allowed him to make a kind of peace with slavery, to think that it was "not so great an evil that it had to be abolished immediately." This is such a powerful point because, 130 years after Lincoln's assassination, we mourn him still. We mourn him because we miss his leadership, we miss …