Boston University School of Law
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.
David B. Lyons,
Boston University Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2970