Constitutional Law: Originalism and The Federalist Papers
Course Component I:
Course Instructors:
Schedule:
Location:
Constitutional Interpretation: Originalism in Theory and Practice
Professor Randy Barnett, Professor Lawrence Solum, and Visiting Lecturer Richard Izquierdo
Tuesday, May 27 – Saturday, May 31, 9:00am – 1:00pm
Georgetown University Law Center, McDonough Hall, Room 200, 600 New Jersey Avenue, NW.
Course Materials
CT:
RTLC:
CM:
CONSTITUTIONAL THEORY: ARGUMENTS AND PERSPECTIVES (Lexis/Nexis, Fourth Edition 2013)
by Michael Gerhardt, Stephen Griffin, Thomas Rowe, and Lawrence Solum
RESTORING THE LOST CONSTITUTION: THE PRESUMPTION OF LIBERTY (Princeton, Revised Ed. 2014)
by Randy E. Barnett
Course Materials (Available Online)
Tuesday, May 27, 9:00am – 1:00pm
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Topics:
Introduction to Constitutional Theory
The History of Originalism
The Core of Originalism
Varieties of Originalism
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Readings:
CT: Solum, What is Originalism
RTLC: Chapter Four
CT: Kay, Original Intention and Public Meaning in Constitutional Interpretation
CT: Whittington, The New Originalism
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Wednesday, May 28, 9:00am – 1:00pm
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Topics:
The Second Amendment & Originalism
The Interpretation-Construction Distinction
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Readings:
Oral Argument in Heller v. District of Columbia (in class audio)
CM: Heller v. District of Columbia
CM: Barnett, Was the Right to Keep and Bear Arms Conditioned on Service in an Organized Militia
CT: Barnett, Interpretation and Construction
Thursday, May 29, 9:00am – 1:00pm
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Topics:
The Ninth Amendment and Originalism
The Fourteenth Amendment and Originalism
Originalist Judging
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Readings:
Oral Argument in McDonald v. City of Chicago (in class audio)
RTLC: Chapters Three, Eight and Nine
CM: McDonald v. City of Chicago
CT: Scalia, Originalism: The Lesser Evil
CT: Barnett, Scalia’s Infidelity: A Critique of Faint Hearted Originalism
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Thursday, May 29, 2:00pm – 4:00pm
Event: Panel Discussion with Constitutional Litigators
Topics: Advancing Originalism in the Courts; Careers in Constitutional Litigation
Friday, May 30, 9:00am – 1:00pm
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Topics:
Researching Original Meaning
The Commerce Clause and Originalism
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Readings:
Presentation on Historical Research Sources and Techniques (Georgetown Library Staff)
RTLC: Chapters Seven and Eleven
Oral Argument in NFIB v. Sebelius
CM: NFIB v. Sebelius
CM: Solum, How NFIB v. Sebelius Affects the Constitutional Gestalt
RTLC: Afterword (Gravitational Force of Originalism)
Friday, May 30, 2:15 – 5:00pm
Event: Visit to the Supreme Court & Discussion with Justice Scalia
Topics: Discussion with Justice Scalia on Originalism; Tour of the Courthouse
Saturday, May 31, 9:00am – 1:00pm
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Topics:
The Case for and Against Originalism
Living Constitutionalism & the Rivals of Originalism
Conclusion of the Course
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Readings:
CM: Solum, The Case for Originalism
CT: Balkin, Fidelity to Text and Principle
CT: Solum, Construction and Constraint
CT: Griffin, Rebooting Originalism
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Course Component II:
Course Instructors:
Schedule:
Location:
Constitutional Law: The Federalist Papers
Professor John Baker, Dr. Roger Pilon
Monday, June 2 – Wednesday, June 4, 9:00am – 1:00pm
The Fund for American Studies, U.S. Programs Building, 1st Floor Classroom, 1621 New Hampshire
Avenue, NW
Course Materials
The Federalist (The Gideon Edition; ed. Carey and McClellan), supplemented with references to Supreme Court cases
appropriate to particular essays.
Discussion Topics & Readings
Monday, June 2, 9:00am – 1:00pm
Topic 1: The Judiciary and a Bill of Rights
Readings: Nos. 78 – 85, pp. 401-458
Class Coverage: Nos. 78, 81, and 84.
If you cannot read the whole assignment, be sure to read: Nos.78 (pp. 401 -408), 81-82 (pp.417-429), 84 (pp.442-448),
and 85 (pp. 455-458).
**Review Marbury v. Madison for class discussion
Topic 2: Advantages of a More Perfect Union
Readings: Nos. 1-14 (pp. 1-67)
Class Coverage: Nos. 1, 9, and 10
If you cannot read the whole assignment, be sure to read: Nos. 1, 9, and 10 in their entirety.
Tuesday, June 3, 9:00am – 1:00pm
Topic: The Confederation’s Weaknesses; Energetic Government; Republicanism
Readings: Nos. 15-16, 23, 37-39 (pp. 68-80, 112-116, 179-199)
Class coverage: Nos. 15, 23, 39.
**Supplementary lecture by Professor Roger Pilon
Wednesday, June 4, 9:00am – 1:00pm
Topic: Powers of the Proposed Government; Separation of Powers
Readings: Nos. 47-48, and 51 (pp. 207-260, 267- 272)
**Supplementary Debate between Professors Baker and Pilon
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