Memory and Authority

In this insightful exploration, Jack M. Balkin examines how fights over constitutional interpretation in America often revolve around collective memory and the selective use of history by lawyers and judges. He reveals how both originalism and living constitutionalism rely on shaping historical narratives to support their modern claims, illustrating the ongoing struggle to define the Constitution's relevance in a changing world. Balkin also highlights the dynamic relationship between legal argumentation and historical interpretation, offering a fresh perspective on the role of history in constitutional disputes.