Course curriculum

  • 1

    Day 1. The Debate over Originalism

    • Overview and defense of originalism

    • Critique of originalism, defense of "democratic constitutionalism"

    • Reasons not to be an originalist

    • Why is originalism popular in the United States? Is it American culture? (Optional)
  • 2

    Day 2. Originalism and History

    • Can lawyers decipher the original meaning of the Constitution?

    • Originalism: evolution and criticism

    • Public meaning originalism vs. historical understanding of the Founding era

    • Lawyers and historians: the nature of their arguments (Optional)
  • 3

    Day 3. Discussion Prep

    • Points to ponder