Advanced Constitutional Theory: Originalism and Its Foes

This course will explore the constitutional interpretive theory and practice of Originalism—the view that the text of the U.S. Constitution should be interpreted as those words were thought to mean when the people adopted it. This seminar, which is taught by a sitting U.S. District Judge, will explore Originalism’s historical underpinnings and normative justifications, its content, and its deployment in legal advocacy and judicial opinions. Readings will include selected historical writings from the founding era, such as the Federalist Papers and Anti-Federalists Papers, as well as contemporary scholarly arguments for and against Originalism.