Books by Jack M. Balkin

What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision

by Jack M. Balkin

In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws, and held for the first time that women had a constitutional right to safe and legal abortions. Three decades later, Roe v. Wade remains one of the Supreme Court's most controversial decisions, and political struggles over abortion rights still divide American politics. Roe has emerged as a central issue in federal judicial nominations, becoming a powerful symbol in debates about judicial restraint, judicial activism, and the proper role of courts in a democratic society.
In What Roe v. Wade Should Have Said, eleven distinguished constitutional scholars rewrite the opinions in this landmark case in light of thirty years of experience but making use only of sources available at the time of the original decision. Taking positions both for and against the constitutional right to abortion, the contributors offer novel and illuminating arguments that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed introduction to Roe v. Wade, chronicling the history of the Roe litigation, the constitutional and political clashes that followed it, and the state of abortion rights in the U.S. today.
Contributing their versions of Roe are: Anita Allen, Akhil Amar, Jack M. Balkin, Teresa Stanton Collett, Michael Stokes Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein, Mark Tushnet, and Robin West.

What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision

by Jack M. Balkin

In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws, and held for the first time that women had a constitutional right to safe and legal abortions. Three decades later, Roe v. Wade remains one of the Supreme Court's most controversial decisions, and political struggles over abortion rights still divide American politics. Roe has emerged as a central issue in federal judicial nominations, becoming a powerful symbol in debates about judicial restraint, judicial activism, and the proper role of courts in a democratic society.
In What Roe v. Wade Should Have Said, eleven distinguished constitutional scholars rewrite the opinions in this landmark case in light of thirty years of experience but making use only of sources available at the time of the original decision. Taking positions both for and against the constitutional right to abortion, the contributors offer novel and illuminating arguments that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed introduction to Roe v. Wade, chronicling the history of the Roe litigation, the constitutional and political clashes that followed it, and the state of abortion rights in the U.S. today.
Contributing their versions of Roe are: Anita Allen, Akhil Amar, Jack M. Balkin, Teresa Stanton Collett, Michael Stokes Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein, Mark Tushnet, and Robin West.

Democracy and Dysfunction

by Sanford Levinson, Jack M. Balkin

It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design.

Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.

Living Originalism

by Jack M. Balkin

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict―they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction.

By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Liberties Journal of Culture and Politics Fall 2024 Volume 5, Issue 1

by Ange Mlinko, David Grossman, Sean Wilentz, Ramachandra Guha, Sanford Levinson, William Deresiewicz, Steven B. Smith, Sohrab Ahmari, Jack M. Balkin, Ryan Ruby, Devin Johnston, Erica McAlpine, Jonathan Zimmerman, Katherine C. Epstein, Mark Edmondson, Annie Abrams

Liberties is an independent quarterly journal of ideas that publishes serious, stylish, and controversial essays about significant issues in culture and politics.

In the Fall 2024 issue of Liberties: Sean Wilentz bluntly defines the stakes of this election; Katherine C. Epstein laments the death of research and its consequences for our culture; Ryan Ruby presides over the unlikely meeting of Emily Dickinson and Franz Kafka; Mark Edmondson diagnoses the fever in contemporary politics; Sohrab Ahmari exposes the sordid depths to which rightwing extremism has sunk; Jonathan Zimmerman pushes back against the opponents of higher education; Jack M. Balkin and Sanford Levinson argue that "We The People" is not as clear as it looks; William Deresiewicz describes what is absent from social relations in America; Ramachandra Guha introduces the founding poet of the environmental movement, Rabindranath Tagore; Ange Mlinko resurrects the art of Amy Clampitt; Steven B. Smith reveals what is truly revolutionary about our sixteenth president; in Teaching Ellison by Annie Abrams: A high school teacher, a great writer, and how to live; Celeste Marcus on a film, a great director, and the rise of fascism; Leon Wieseltier examines the grotesque intellectual underpinnings of Trumpism and Vanceism; and new poetry from David Grossman, Erica McAlpine and Devin Johnston.

Liberties features essays from leading op-ed writers and scholars, award-winning and well-known non-fiction and fiction writers, next generation rising talents, and poets from around the world.

There's a reason why cultural warriors, political leaders, opinion makers, and engaged citizens from across political and cultural spectrum read and cherish Liberties.