Roundtable: Originalism: A Rationalization for Conservatism, or a Principled Theory of Interpretation?
One of the criticisms of originalism is that it simply is code for conservative ideology. Pointing to figures such as Justice Scalia, some characterize originalism merely as a tool of the Republican Party, suggesting that all originalist jurisprudence is also politically conservative. The first question for originalism is what justifies originalism as a theory of constitutional interpretation as opposed to a political program. Originalists have advanced a variety of justifications for originalism. Some justify it on the basis that originalism is implicit in the use of language. Others suggest that originalism is to be preferred, because it is the theory that delivers the clearest rules. This panel will explore such justifications as well as critiques of originalism.
- Prof. Saikrishna Prakash, University of Virginia School of Law
- Prof. John McGinnis, Northwestern University School of Law
- Prof. Richard Fallon, Harvard Law School
- Moderator: Hon. Greg Garre, former U.S. Solicitor General
Update. The Honorable Greg Garre is substitute for Honorable Paul Clement.