Originalism and Construction: Does Originalism Always Provide the Answer? - Event Audio/Video

University of Pennsylvania Student Chapter

February 27, 2010

Randy E. Barnett, Lino A. Graglia, Caleb Nelson, A. Raymond Randolph, Kermit Roosevelt, Diane S. Sykes

2010 Annual Student Symposium 

The following audio was recorded on February 27, 2010.

 

Originalism and Construction:
Does Originalism Always Provide the Answer? 2-27-10
Running Time: 01:45:16
[audio Full Audio]
[video Videos 1-12 on YouTube]

SATURDAY, FEBRUARY 27, 2010
10:15 a.m.
Panel II

Originalism and Construction: Does Originalism Always Provide the Answer?

Recently, the so-called “new originalists” have embraced a concept called constitutional construction. Constructionist originalism responds to the claim that the original public meaning of some parts of the Constitution is vague or ambiguous. Constructionist originalists argue that interpreters are bound by the original meaning of the constitution only when it is clear. When it is unclear, interpreters must resort to non-originalist materials to determine the Constitution's meaning.  Other scholars have attacked construction as permitting resort to illegitimate methods of interpretation within originalism. This panel will explore the rationales for and problems of construction-the most important current development in originalist theory.

  • Prof. Randy Barnett, Georgetown University Law Center 
  • Prof. Lino Graglia, University of Texas School of Law 
  • Prof. Caleb Nelson, University of Virginia School of Law 
  • Judge A. Raymond Randolph, U.S. Court of Appeals, DC Circuit 
  • Prof. Kermit Roosevelt, University of Pennsylvania Law School
  • Moderator: Judge Diane Sykes, U.S. Court of Appeals, Seventh Circuit

University of Pennsylvania Law School
Philadelphia, PA

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