1.

Record Nr.

UNINA9910781651903321

Autore

Balkin J. M

Titolo

Constitutional redemption [[electronic resource] ] : political faith in an unjust world / / Jack M. Balkin

Pubbl/distr/stampa

Cambridge, Mass, : Harvard University Press, 2011

ISBN

0-674-06081-4

Descrizione fisica

1 online resource (305 p.)

Classificazione

MG 70050

Disciplina

342.73

Soggetti

Constitutional law - United States

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Bibliographic Level Mode of Issuance: Monograph

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Faith and story in American constitutional law -- Just a story -- Legitimacy and faith -- Idolatry and faith -- Fidelity and faith -- The law of equality is the law of inequality -- Wrong the day it was decided -- How I became an originalist.

Sommario/riassunto

Political constitutions, hammered out by imperfect human beings in periods of intense political controversy, are always compromises with injustice. What makes the U.S. Constitution legitimate, argues this daring book, is Americans' enduring faith that the Constitution's promises can someday be redeemed, and the constitutional system be made "a more perfect union."A leading constitutional theorist, Balkin argues eloquently that the American constitutional project is based in faith, hope, and a narrative of shared redemption. Our belief that the Constitution will deliver us from evil shows in the stories we tell one another about where our country came from and where it is headed, and in the way we use these historical touchstones to justify our fervent (and opposed) political creeds. Because Americans have believed in a story of constitutional redemption, we have assumed the right to decide for ourselves what the Constitution means, and have worked to persuade others to set it on the right path. As a result, constitutional principles have often shifted dramatically over time. They are, in fact, often political compromises in disguise.What will such a Constitution become? We cannot know. But our belief in the legitimacy of the Constitution requires a leap of faith-a gamble on the ultimate vindication of a political project that has already survived many follies



and near-catastrophes, and whose destiny is still over the horizon.