Document Type
Article
Publication Date
7-2012
ISSN
0006-8047
Publisher
Boston University School of Law
Language
en-US
Abstract
Principles that are not given by the constitutional text are sometimes attributed to the Constitution. This is done within Professor Balkin’s “framework originalism.”1 The question I wish to consider is how it may properly be done. How can it be shown that the Constitution is committed tacitly to a given principle? I shall discuss Balkin’s theory with that question in mind.
Recommended Citation
David B. Lyons,
Constitutional Principles
,
in
92
Boston University Law Review
1237
(2012).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2970