Send a holiday gift card

Customers who viewed this item also viewed

  1. Against Constitutional Originalism: A Historical Critique (Yale Law Library Series in Legal History and Reference)
    Against Constitutional Originalism: A Historical Critique (Yale Law Library Series in Legal History and Reference)
    4.557
    $19.05
  2. A Matter of Interpretation: Federal Courts and the Law - New Edition (The University Center for Human Values Series)
    A Matter of Interpretation: Federal Courts and the Law - New Edition (The University Center for Human Values Series)
    4.6223
    $14.09
  3. Democracy and Distrust: A Theory of Judicial Review (Harvard Paperbacks)
    Democracy and Distrust: A Theory of Judicial Review (Harvard Paperbacks)
    4.745
    $32.99
Enjoy fast, free delivery, exclusive deals, and award-winning movies & TV shows.
$35.00
FREE delivery Tuesday, November 10
Or Prime members get FREE delivery Saturday, November 7. Order within 1 hr 25 mins. Join Prime
Only 17 left in stock (more on the way).
$$35.00 () Includes selected options. Includes initial monthly payment and selected options. Details
Price
Subtotal
$$35.00
Subtotal
Initial payment breakdown
Shipping cost, delivery date, and order total (including tax) shown at checkout.
Shipper / Seller
Amazon.com
Amazon.com
Shipper / Seller
Amazon.com
Returns
FREE refund/replacement until Jan 31, 2027
FREE refund/replacement until Jan 31, 2027
For the 2026 holiday season, eligible items purchased between November 1 and December 31, 2026 can be returned until January 31, 2027.
Quick refund
Usually issued within 24 hours. See exceptions
FREE return
At least one free return option available.
Convenient dropoff
At any of our 50,000 US locations.
See return policy
Gift options
Available at checkout
Available at checkout This item is a gift. Change
At checkout, you can add a custom message, a gift receipt for easy returns and have the item gift-wrapped
Payment
Secure transaction
Your transaction is secure
We work hard to protect your security and privacy. Our payment security system encrypts your information during transmission. We don’t share your credit card details with third-party sellers, and we don’t sell your information to others. Learn more
Added to

Sorry, there was a problem.

There was an error retrieving your Wish Lists. Please try again.

Sorry, there was a problem.

List unavailable.
Kindle app logo image

Download the free Kindle app and start reading Kindle books instantly on your smartphone, tablet, or computer - no Kindle device required.

Read instantly on your browser with Kindle for Web.

Using your mobile phone camera - scan the code below and download the Kindle app.

QR code to download the Kindle App

  • Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference)

Follow the author

Follow authors for new release and deal updates, plus improved recommendations. See updates from all followed authors in Your Books.
Jack M. Balkin
Follow
Something went wrong. Please try your request again later.

Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference)

by Jack M. Balkin (Author) Format: Paperback
4.5 out of 5 stars (14)
{"desktop_buybox_group_1":[{"displayPrice":"$35.00","priceAmount":35.00,"currencySymbol":"$","integerValue":"35","decimalSeparator":".","fractionalValue":"00","symbolPosition":"left","hasSpace":false,"showFractionalPartIfEmpty":true,"offerListingId":"1FiKLww1xn2Nwb11j05z1tigz4Zn5afdKF36v%2F0BZmsDDqXyTGyIEJvMLckL6MjI3JJkrI3YCRO2ufTQG7zTStARbAUiduuVXQWcyxIxiS6wZAasQ8s0Go6LVMq2eRmyB1%2FCIDKZsxC6yPGAYCK%2BcQ%3D%3D","locale":"en-US","buyingOptionType":"NEW","aapiBuyingOptionIndex":0}]}

Purchase options and add-ons

From one of the nation’s preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation
 
Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court’s current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct—and erase—memory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world.
 
Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. And he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.
Read more
Previous slide of product details
  1. Part of series
    Yale Law Library Series in Legal History and Reference
  2. Print length
    384 pages
  3. Language
    English
  4. Publisher
    Yale University Press
  5. Publication date
    February 27, 2024
  6. Dimensions
    5.8 x 1.1 x 8.9 inches
  7. ISBN-10
    0300272227
  8. ISBN-13
    978-0300272222
Next slide of product details
The%20Amazon%20Book%20Review
The Amazon Book Review
Book recommendations, author interviews, editors' picks, and more. Read it now.

Frequently bought together

Image
This item: Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference)
$35.00
Get it as soon as Tuesday, Nov 10
Only 17 left in stock (more on the way).
Ships from and sold by Amazon.com.
+
The Living Constitution (Inalienable Rights)
$23.97
Get it as soon as Thursday, Nov 12
Only 1 left in stock - order soon.
Sold by Wsdm and ships from Amazon Fulfillment.
+
A Matter of Interpretation: Federal Courts and the Law - New Edition (The University Center for Human Values Series)
$14.09
Get it as soon as Tuesday, Nov 10
In Stock
Ships from and sold by Amazon.com.
Total price: $00
To see our price, add these items to your cart.
Details
Added to Cart
Some of these items ship sooner than the others.
Show details Hide details
Choose items to buy together.

Customers who viewed this item also viewed

Page 1 of 1 Start over
Previous set of slides
  1. The Living Constitution (Inalienable Rights)
    David A. Strauss
     
    Hardcover
    -11%$23.97
    List: $26.99
    Get it as soon as Thursday, Nov 12
    FREE Shipping on orders over $35 shipped by Amazon
    Only 1 left in stock - order soon.
  3. Democracy and Distrust: A Theory of Judicial Review (Harvard Paperbacks)
    Ely
     
    Paperback
    -8%$32.99
    List: $36.00
    Get it as soon as Tuesday, Nov 10
    FREE Shipping on orders over $35 shipped by Amazon
    Only 1 left in stock - order soon.
  5. How to Interpret the Constitution
    Cass R. Sunstein
     
    Hardcover
    -45%$13.18
    List: $23.95
    Get it as soon as Tuesday, Nov 10
    FREE Shipping on orders over $35 shipped by Amazon
  6. A Debt Against the Living: An Introduction to Originalism
    Ilan Wurman
     
    Paperback
    -36%$17.90
    List: $28.00
    Get it as soon as Tuesday, Nov 10
    FREE Shipping on orders over $35 shipped by Amazon
    Only 2 left in stock - order soon.
Next set of slides

Customers also bought or read

Page 1 of 1Start over
Previous page
  2. Book cover How to Interpret the Constitution
    How to Interpret the Constitution
    Hardcover
    $13.18
    Delivery Tue, Nov 10
  3. Book cover The Living Constitution (Inalienable Rights)
    The Living Constitution (Inalienable Rights)
    Hardcover
    $23.97
    Delivery Thu, Nov 12
  5. Book cover A Debt Against the Living: An Introduction to Originalism
    A Debt Against the Living: An Introduction to Originalism
    Paperback
    $17.90
    Delivery Tue, Nov 10
  6. Book cover Living Originalism
    Living Originalism
    Paperback
    $19.71
    Delivery Tue, Nov 10
  7. Book cover Born Equal: Remaking America’s Constitution, 1840–1920
    Born Equal: Remaking America’s Constitution, 1840–1920
    Hardcover
    $17.08
    Delivery Nov 16 - 21
  8. Book cover Worse Than Nothing: The Dangerous Fallacy of Originalism
    Worse Than Nothing: The Dangerous Fallacy of Originalism
    Paperback
    $15.45
    Delivery Thu, Nov 12
  11. Book cover Common Good Constitutionalism
    Common Good Constitutionalism
    Paperback
    $19.95
    Delivery Tue, Nov 10
  14. Book cover The Cycles of Constitutional Time
    The Cycles of Constitutional Time
    Hardcover
    $35.62
    FREE delivery Tue, Nov 10
  15. Book cover The Oldest Constitutional Question: Enumeration and Federal Power
    The Oldest Constitutional Question: Enumeration and Federal Power
    Hardcover
    $45.99
    FREE delivery Tue, Nov 10
  16. Book cover We the People: A History of the U.S. Constitution
    We the People: A History of the U.S. Constitution
    Hardcover
    $21.54
    Delivery Tue, Nov 10
  17. Book cover The Political Supreme Court: A Forgotten History (W. Hodding Carter III Books)
    The Political Supreme Court: A Forgotten History (W. Hodding Carter III Books)
    Just released
    Hardcover
    $32.60
    Delivery Tue, Nov 10
  22. Book cover Who Am I to Judge?: Judicial Craft versus Constitutional Theory
    Who Am I to Judge?: Judicial Craft versus Constitutional Theory
    Paperback
    $35.00
    FREE delivery Tue, Nov 10
Next page
Loading...

Editorial Reviews

Review

“Balkin’s own variety of originalism . . . argues that our Constitution happens to be a flexible one: it offers a framework whose details are left to be worked out by subsequent generations, and so is designedly adaptable to present concerns. American judges and lawyers (including self-identified originalists) know this but don’t always admit it. . . . Balkin is right: ‘Originalism is the living constitutionalism of movement conservatives.’”—Andrew Koppelman, Los Angeles Review of Books

“A thought-provoking contribution to the ongoing debates about history, memory, and constitutional meaning.”―Justin Buckley Dyer, Review of Politics

Winner of the 2024 Thomas M. Cooley Book Prize, sponsored by Georgetown Law’s Center for the Constitution

“At a moment when the Supreme Court is playing fast and loose with its notions of the nation’s ‘history and traditions,’ Jack Balkin provides a much-needed, nuanced, and perceptive analysis of how lawyers, scholars, and informed citizens should think about historical interpretations of the Constitution.”—Jack Rakove, author of Beyond Belief, Beyond Conscience: The Radical Significance of the Free Exercise of Religion

“Lawyers and historians have long mistrusted each other. In this remarkable book, one of our most brilliant constitutional theorists blazes a path towards a more satisfying coexistence by reframing the many ways history is deployed in the creation of constitutional claims. Bravo!”—Laura Kalman, Distinguished Research Professor of History, University of California, Santa Barbara

“History does not belong only to historians. Lawyers and judges often invoke history to justify arguments they wish to make. Memory and Authority is a brilliant meditation on how this process has worked in the past, and should work. This timely intervention is perfect for our moment, as we consider the future of our democracy and the rule of law.”—Annette Gordon-Reed, Carl M. Loeb University Professor, Harvard University

“American lawyers and judges have long turned to the historical past for guidance and authoritative answers, but never more so than in recent years. Jack Balkin’s expert navigation of the complex and contested terrain where law and history intersect is essential reading for anybody who cares about the nation’s constitutional practice.”—Jonathan Gienapp, author of The Second Creation: Fixing the American Constitution in the Founding Era

About the Author

Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. He founded and directs Yale’s Information Society Project. His many books include The Cycles of Constitutional Time, Living Originalism, and Constitutional Redemption.

Product details

  • Publisher ‏ : ‎ Yale University Press
  • Publication date ‏ : ‎ February 27, 2024
  • Language ‏ : ‎ English
  • Print length ‏ : ‎ 384 pages
  • ISBN-10 ‏ : ‎ 0300272227
  • ISBN-13 ‏ : ‎ 978-0300272222
  • Item Weight ‏ : ‎ 1.05 pounds
  • Dimensions ‏ : ‎ 5.8 x 1.1 x 8.9 inches
  • Part of series ‏ : ‎ Yale Law Library Series in Legal History and Reference
  • Best Sellers Rank: #253,600 in Books (See Top 100 in Books)
  • Customer Reviews:
    4.5 out of 5 stars (14)

About the author

Follow authors for new release and deal updates, plus improved recommendations. See updates from all followed authors in Your Books.
Jack M. Balkin

Jack M. Balkin

Brief content visible, double tap to read full content.
Full content visible, double tap to read brief content.

Discover more of the author’s books, see similar authors, read book recommendations and more.

Related books

Page 1 of 1Start Over
Sponsored
Previous page
  1. Image
    Shop the Store on Amazon ›
    A People's History of the World: From the Stone Age to the New Millennium
    A People's History of the World: From the Stone Age to the New Millennium
    4.54.5 out of 5 stars776
    $12.41 List:$21.95
  2. Image
    Shop the Store on Amazon ›
    Intellectual Property In the Digital Age [Edition 2024]: A Practical Guide on Patents, Trademarks, Copyrights, and Protecting Confidential Information [AI Insight Bonus]
    Intellectual Property In the Digital Age [Edition 2024]: A Practical Guide on Patents, Trademarks, Copyrights, and Protecting Confidential Information [AI Insight Bonus]
    4.14.1 out of 5 stars29
    $35.22 List:$49.97
  3. Image
    Shop the Store on Amazon ›
    Ancient Rome: Discovering Lost Stories from Roman History (Secrets of the Forgotten Past)
    Ancient Rome: Discovering Lost Stories from Roman History (Secrets of the Forgotten Past)
    4.34.3 out of 5 stars43
    $13.69
  4. Image
    Shop the Store on Amazon ›
    HowExpert Guide to Forensic Psychology: The Ultimate Handbook for Understanding Criminal Behavior, Legal Processes, and Psychological Assessments
    HowExpert Guide to Forensic Psychology: The Ultimate Handbook for Understanding Criminal Behavior, Legal Processes, and Psychological Assessments
    3.43.4 out of 5 stars9
    $19.99
  5. Image
    Shop the Store on Amazon ›
    A Brief History of Italy: Tracing the Renaissance, Unification, and the Lively Evolution of Art and Culture
    A Brief History of Italy: Tracing the Renaissance, Unification, and the Lively Evolution of Art and Culture
    4.34.3 out of 5 stars249
    $15.99 List:$16.99
Next page

Customer reviews

4.5 out of 5 stars
14 global ratings
Sign in to see customer reviews.