This panel will examine the growth of interest in recent years in original public meaning as a source of constitutional law. Panelists will debate the merits and demerits of originalism as compared to living constitutionalism. Questions addressed will include whether originalism is consistent with or in opposition to living constitutionalism and whether evidence of original intent is ever relevant to constitutional law. Panelists will also discuss the normative arguments for and against reliance on original meaning in constitutional interpretation. Another question to be considered is whether the interpretation and construction of legal rules are separate or identical judicial acts.
The Federalist Society's Practice Groups presented this showcase panel on "Textualism and Constitutional Interpretation" on Friday, November 15, during the 2013 National Lawyers Convention.
Showcase Panel II: Textualism and Constitutional Interpretation
9:00 a.m. – 11:00 a.m.
- Prof. Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
- Prof. Mitchell N. Berman, Richard Dale Endowed Chair in Law, Professor of Philosophy and Co-Director, Law & Philosophy Program, The University of Texas at Austin
- Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law
- Prof. Richard Primus, Professor of Law, The University of Michigan Law School
- Moderator: Hon. Edith H. Jones, United States Court of Appeals, Fifth Circuit
- Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society