Jack M. Balkin

Living OriginalismBy Jack M. Balkin(Belknap Press, 474 pp., $35) On the morning of July 14, 1967, Thurgood Marshall began his second day of Supreme Court confirmation hearings by preparing to confront questions posed by Senator Sam J. Ervin Jr. of North Carolina. This prospect seems unlikely to have been a pleasant one. After thirteen years in Washington, Ervin’s foremost achievement remained his role in drafting the document that had formally been styled a Declaration of Constitutional Principles, but that almost instantly became known as the Southern Manifesto.

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The Constitution in 2020 Edited by Jack M. Balkin and Reva B. Siegel (Oxford University Press, 355 pp., $19.95) There is a genre, the "constitutional manifesto," that sits uneasily between the scholarly or theoretical analysis of constitutional law and the buzzwords of day-to-day constitutional politics. The latter category may be nicely illustrated by the competing slogans of interest groups contesting the Sotomayor nomination: "judicial activism," "empathy," and so on.

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THE CONSTITUTION IN 2020 Edited by Jack M. Balkin and Reva B. Siegel (Oxford University Press, 355 pp., $19.95)   There is a genre, the "constitutional manifesto," that sits uneasily between the scholarly or theoretical analysis of constitutional law and the buzzwords of day-to-day constitutional politics. The latter category may be nicely illustrated by the competing slogans of interest groups contesting the Sotomayor nomination: "judicial activism," "empathy," and so on.

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