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We the People

The Modern History of Originalism

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 3 August 2023

⏱️ 58 minutes

🧾️ Download transcript

Summary

In this episode, a panel of libertarian and conservative scholars—J. Joel Alicea of the Catholic University of America Columbus School of Law, Anastasia Boden of the Cato Institute, and Sherif Girgis of Notre Dame Law School—explore the different strands of originalism as a constitutional methodology. They also explore the Roberts Court’s application of originalism in recent cases, and how originalism intersects with textualism and other interpretive approaches. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program was originally streamed live on June 28, 2023.    Additional Resources  Moore v. Harper (2023)  New York State Rifle & Pistol Association Inc. v. Bruen (2023)  Grutter v. Bollinger (2002)  District of Columbia v. Heller (2008)  Bostock v. Clayton County (2020)  Counterman v. Colorado (2023)   J. Joel Alicea, “The Moral Authority of Original Meaning,” Notre Dame Law Review (2022)   Joel Alicea, “Originalism and the Rule of the Dead,” National Affairs (2022)  Sherif Girgis,  “Living Traditionalism,” N.Y.U. L.Rev (2023)  Sherif Gergis, “Dobb's History and the future of Abortion Laws,” SCOTUSblog (2022)  Anastasia Boden, “Supreme Court's Sidestep Leaves Native Kids Without Answers,” Volokh Conspiracy (June 2023)  Anastasia Boden, “Discourse: Irrational Basis,” Pacific Legal Foundation, (August 2022)    Stay Connected and Learn More  Continue the conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  Please subscribe to Live at the National Constitution Center and our companion podcast We the People on Apple Podcasts, Stitcher, or your favorite podcast app.

Transcript

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0:00.0

Hello friends. I'm Jeffrey Rosen, president and CEO of the National

0:06.8

Constitution Center and welcome to We The People, a weekly show of

0:10.3

constitutional debate. The National Constitution Center is the only

0:13.8

institution in America whose mission is to increase awareness and

0:17.0

understanding of the US Constitution among the American people on a

0:21.4

nonpartisan basis.

0:23.5

This week we're sharing an episode from our companion podcast

0:26.2

live at the National Constitution Center.

0:28.6

In this episode, we explore the modern history

0:31.0

of originalism and textualism.

0:33.2

I'm joined by three leading originalist scholars,

0:35.7

J. Joel Alosia, Anastasia Baudin, and Sharif Gurgis

0:39.8

for a conversation about the different strands of originalism as a constitutional methodology.

0:44.2

The program was streamed live on June 28th, 2023.

0:49.2

Enjoy the show.

0:49.8

Hello friends, welcome to the National Constitution Center and to

0:55.8

today's convening of America's town hall I'm Jeffrey Rosen the

0:59.3

president and CEO of the NCC let's inspire ourselves as always for the learning ahead by reciting together

1:06.8

the National Constitution Center's mission statement.

1:09.1

Here we go.

1:10.1

The National Constitution Center is the only institution in America,

1:13.0

chartered by Congress to increase awareness and understanding of the US Constitution

...

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