Originalism and the Constitution,
September 22, 2022
Does the Constitution establish the right to have an AR-15? What about rights to birth control and abortion? In the modern era, is the death penalty “cruel and unusual” punishment even though the Constitution recognizes it multiple times? How, in a dynamic world, should one interpret the Constitution to answer those questions? Many views exist, among them those dubbed “originalism,” “textualism,” and “The Living Constitution.” Even views among the Supreme Court Justices vary, both contemporaneously and over time.
Featured: Patricia Lee, American Bar Association Standing Committee on Public Education; John O. McGinnis, Northwestern University Law School; David Strauss, University of Chicago Law School; Alisa Kaplan, Reform for Illinois