CONSTITUTIONAL REDEMPTION
J. M. Balkin - Harvard University Press, 2011 Anteprima del libro
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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 Americansâe(tm)
enduring faith that the Constitutionâe(tm)s promises can someday be redeemed,
and the constitutional system be made âeoea more perfect union.âe
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 faithâe"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.
