My draft paper on the Senate Subcommittee on Constitutional Amendments (aka the Bayh Subcommittee) is now available. Comments are most welcome.
Balkinization
Balkinization, published by Jack M. Balkin, focuses on constitutional law, judicial review, and democratic theory. The blog explores topics such as transitional justice, the role of courts in democracy, statutory interpretation, and the evolving methodologies of the Supreme Court. It hosts symposia on significant legal works and debates issues like the balance between individual rights and collective rights, the impact of judicial decisions on democratic governance, and the challenges of interpreting statutes across different legal eras. The blog also addresses the ethical and political dimensions of justice in both national and international contexts.
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Latest from Balkinization
Stuck in the Middle With You: The Constitution Between Regimes
I have uploaded my latest essay, Stuck in the Middle With You: The Constitution Between Regimes, to SSRN. Here is the abstract:This essay uses the theories developed in my my 2020 book, The Cycles of Constitutional Time, to explain the…
Constitutionalism and Its Contents
now routinely think of as a crisis of democracy has proceeded alongside a
certain
…
Letting Go of Faith in Constitutionalism
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…
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
…