Living Constitutionalism for the Formalist (Teaser)

Jack Balkin and Matthew Franck have had some back-and-forth on Balkin's theory of originalism.

I'm skeptical that Jack's "originalism" is properly so-called.  I want to suggest however that originalism is not the only formalist option that liberals might find attractive. The alternative I have in mind is what I'll call "contemporary meaning formalism." I'll roll out the theory on Monday and explain why it is a more principled alternative to any plausible form of originalism. Till then...