Originalism – 6874

A majority of the justices of the United States Supreme Court as well as many lower federal court judges and state court judges and justices subscribe in varying degrees to originalism as a method of constitutional interpretation and sometimes statutory interpretation as well. This seminar will explore theoretical foundations for and critiques of originalism as an interpretive method, as well as various issues and problems that arise in the method's application. Grading will be based on a combination of participation in class discussion and a case comment analyzing and critiquing a Supreme Court opinion that relies on originalist reasoning.