The Magazine

Framers of Mind

A constitutional scholar asks: What were they thinking?

Jun 25, 2012, Vol. 17, No. 39 • By ILAN WURMAN
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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.