Seminar: Litigating the Lessons of History

Catalog description

Explores how originalist and historical arguments shape judicial resolution of hotly contested matters of constitutional law, with a particular emphasis on recent separation-of-powers disputes arising in federal courts of appeals and the Supreme Court. Requires students to read and provide oral and written analysis of briefs, primary and secondary historical sources, and judicial opinions. Students gain a critical understanding of the role that originalist and historical arguments play in shaping constitutional decisions.