Does the Originalism of the Fourteenth Amendment Guarantee Justice for All?

Often, critics argue that originalism will trap us in the sins of societies past, doomed to repeat some of history’s mistakes.  If originalism cannot adequately meet these challenges, some would argue that it is significantly lacking as an interpretive theory.   The Fourteenth Amendment  is the provision of the Constitution often used to correct these injustices. This panel will examine the importance of the Fourteenth Amendment for the theory of originalism.  For instance, does it transform the meaning of previous amendments? Are there distinctive interpretive rules for the Fourteenth Amendment?   Can Fourteenth Amendment be interpreted in an originalist manner  to provide equal justice for all?

• Prof. Steven Calabresi, Northwestern University School of Law
• Prof. John Harrison, University of Virginia School of Law
• Prof. Jack Balkin, Yale Law School
• Prof. Akhil Amar, Yale Law School
• Moderator: Prof. Amy Wax, University of Pennsylvania Law School