Framers of Mind
A constitutional scholar asks: What were they thinking?
Jun 25, 2012, Vol. 17, No. 39 • By ILAN WURMAN
While Balkin’s understanding of the role of standards and principles is sound, recognizing a more realistic view of history and the particular importance of the Constitution’s constraining function may lead to a far different America than the one Balkin approves of and aspires to. The Constitution will be no less legitimate as a result, because it is precisely for its constraining effect that we respect and admire it, and must choose to obey it.
Ilan Wurman is a student at Stanford Law School.