LAWE 742

Catalog description

This course will explore the scholarly debates surrounding originalism as a theory of constitutional interpretation. The primary goals of this course are to (1) introduce students to the field of constitutional theory; (2) explore modern debates over originalism and its alternatives; and (3) engage students in the experience of writing a scholarly paper. The course will begin by providing students with a strong foundation in originalism itself and will then turn to a range of key debates over modern originalist theory and practice (including the turn to history and tradition at the Roberts Court and the promise (or peril) of progressive originalism), as well as key alternatives to originalism like living constitutionalism (on the left) and common-good constitutionalism (on the right).