For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026).Colm O’Cinneide, UCLIntroduction – Keeping the
Constitutional Flame?On the very first page of Constitutionalism
and its Discontents, Mark Tushnet
Jack M. Balkin
Balkinization is a legal blog that focuses on constitutional law, transitional justice, and judicial review. It hosts symposia and discussions on contemporary legal scholarship, including analyses of constitutional revolutions, democratic renewal, and statutory interpretation. The blog features contributions from legal scholars and practitioners who explore the ethical, political, and methodological dimensions of law, particularly in the context of American democracy and international law. Topics often include the role of courts in democracy, the evolution of legal doctrines, and the challenges of interpreting statutes under changing judicial philosophies. Balkinization serves as a platform for critical engagement with legal theory and practice.
Latest from Jack M. Balkin - Page 2
Our Unconstitutional Reapportionment Process
One irony about the new proposed list of census questions for 2030 is that the only question that may be constitutionally required as an original matter is not included. That question would ask Americans for information pertaining to Section 2…
Discontent with Constitutionalism and Its Discontents
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026).Martin Loughlin
My thoughts on Constitutionalism and Its Discontents,
the latest publication from Professors Tushnet and Bugaric, must be situated in…
Constitutionalism's Contemporary Critics
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026).For some years, the American legal academy has shared
two basic presuppositions. The first is
that the United States Constitution basically constitutes…
The Lost Art of the Deal
If Vice President Vance was sincere this
Spring when he reported that negotiations had failed because the Iranians did
not accept the U.S. proposal, I have grave doubts about whether he understands
even the rudiments of negotiations. The…
The Enduring Significance of Peggy Sue Got Married (and Constitutionalism and its Discontents)
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026). The movies “Back
to the Future” and “Peggy Sue Got Married” offer different perspectives on the…
Constitutionalism and the Discontents of Judicial Power
Tushnet and Bojan Bugaric begin Constitutionalism and Its Discontents
with an elegant paradox: constitutionalism simultaneously empowers
…
Democratic constitutionalism and the end of class-based societies
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026).Roberto Gargarella
For many years, I have followed the work of Mark
Tushnet with admiration. Lately, his contributions have been strengthened through…
The (not so) Secret Life of Constitutionalism and Its Discontents
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Constitutionalism and Its Discontents (University of Chicago Press, 2026). Jedediah Britton-Purdy
I
admire and enjoy Constitutionalism and Its Discontents. The authors’
careful parsing of exaggerated or one-sided hopes for constitutional…
Does Congress Have the Power to Ban Non-Citizen Voting?
The Administration’s request for emergency relief with respect to its proposed regulations on mail-in voting raises complex issues that cannot be decided on the papers. The Court should hear argument and get full briefing, which in practice means that the…