Article title Originalism and its Discontents (Plus a Thought or Two аbout Abortion)
Name of magazine Scientific-practical professional journal
«Law of the USA» (Ukrainian language)
Issue 1-2/2013
Сторінки [287-303]
Annotation In the context of reviewing Jack Balkin’s maiden presentation of his approach to constitutional interpretation, this essay argues that most originalists have rightly rejected the view, sometimes espoused by Justice Antonin Scalia, that present-day interpreters owe fidelity to the «expected applications» held by the Constitution’s framers or ratifiers. It also argues, against Balkin, that originalism and «living constitutionalism» are distinct and incompatible theories of constitutional interpretation. The essay concludes by offering thoughts regarding the best (non-originalist) defense of a judicially protected constitutional right to an abortion.
Keywords originalism, constitutional interpretation, abortion.