Jack M. Balkin — Articles

Which Republican Constitution?

Constitutional Commentary, Vol. 32: Iss. 1

Randy Barnett argues that the American political tradition, understood in its best light, features a "Republican Constitution." But Barnett's version of "republicanism" has relatively little to do with the historical tradition of republicanism, a tradition that celebrates the common good...

The Construction of Original Public Meaning

Constitutional Commentary, Vol. 31: Iss. 1

Christina Mulligan, Michael Douma, Hans Lind and Brian Quinn have recently shown that during the ratification of the Constitution in 1787-1788, German and Dutch translations of the Constitution were distributed to non-English speakers in the crucial states of Pennsylvania and...

The Rule of Law as a Source of Constitutional Change

Constitutional Commentary, Vol. 6: Iss. 1

The Top Ten Reasons to Be a Legal Pragmatist

Constitutional Commentary, Vol. 8: Iss. 2

The Constitution as a Box of Chocolates

Constitutional Commentary, Vol. 12: Iss. 2

Abortion and Original Meaning

Constitutional Commentary, Vol. 24: Iss. 2

Original Meaning and Constitutional Redemption

Constitutional Commentary, Vol. 24: Iss. 2

What Are the Facts of Marbury v. Madison?

Constitutional Commentary, Vol. 20: Iss. 2

Lawyers and Historians Argue about the Constitution

Constitutional Commentary, Vol. 35: Iss. 3

Constitutional Dictatorship: Its Dangers and Its Design

Minnesota Law Review, Vol. 94: Iss. 6

The Constitution in the National Surveillance State

Minnesota Law Review, Vol. 93: Iss. 1