Constitutional Interpretation
Balkin's constitutional theory could be read as originalist and living constitutionalist. He argues that there is no contradiction between these theories, properly understood. Interpreters must follow the original meaning of the constitutional text but not its original expected application; hence much constitutional interpretation actually involves constitutional construction and state building by all three branches of government. Balkin's "framework originalism" views the Constitution as an initial framework for governance that sets politics in motion and makes politics possible; it must be filled out over time through constitutional construction and state building. This process of building out the Constitution is living constitutionalism.
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