For or Against Constitutional Originalism?

For or Against Constitutional Originalism?

Author: National Constitution Center January 3, 2025 Duration: 1:01:35
Jonathan Gienapp of Stanford University and Stephen Sachs of Harvard Law School join Chief Scholar Thomas Donnelly to discuss Gienapp’s new book, Against Constitutional Originalism: A Historical Critique. They review the history of originalism and debate the role of originalism in constitutional interpretation today. This conversation was originally streamed live as part of the NCC’s America’s Town Hall program series on October 8, 2024.  Resources:  Jonathan Gienapp, “Against Constitutional Originalism: A Historical Critique” (2024)  Stephen Sachs and Will Baude, “Originalism and the Law of the Past” (Law and History Review, 2019)  Michael Stokes Paulsen and Vasen Kesavan, “Is West Virginia Unconstitutional?” (90 Cal L. Rev. 291, 2002)  William Baude, Jud Campbell, and Stephen Sachs, “General Law and the Fourteenth Amendment” (76 Stanford L. Rev 1185, 2024)  Jud Campbell, “Four Views of the Nature of the Union” (47 Harvard J. Law & Public Policy 2, 2024)  Fletcher v. Peck (1810)  District of Columbia v. Heller (2008)  United States v. Rahimi (2024)  Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Hosted by National Constitution Center President and CEO Jeffrey Rosen, We the People is a weekly conversation that digs into the constitutional questions shaping the country right now. This isn't just a history lesson, though historical context is always part of the discussion. Instead, each episode brings together leading voices-legal scholars, journalists, public officials, and advocates-to engage in thoughtful, civil debate. You'll hear genuine dialogue where participants articulate and defend their positions, offering a clearer understanding of the complex legal and philosophical principles at stake. The goal is to move beyond headlines and soundbites, providing a forum where the best arguments from all sides are presented with depth and respect. Tuning into this podcast feels like sitting in on a crucial discussion at the intersection of law, politics, and society, one that illuminates how the Constitution actively influences contemporary American life. Produced by the National Constitution Center, it serves as an essential resource for anyone looking to deepen their grasp of the nation's founding document and its powerful, ongoing role in our public discourse.
Author: Language: English Episodes: 100

We the People
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