In the interest of starting a discussion about constitutional purpose, Sandy Levinson argues "We best honor the Framers, then, by exhibiting their own willingness to challenge the verities of their times and to cease our own often “blind veneration” for the Constitution they created. What has been long settled may not be subject to conversations about “meaning,” but it is surely past time that it be analyzed for its wisdom in a 21st century America." But, what we might ask, has been settled, and what is open for re-creation?
The University of San Diego’s Originalism Center will be holding its Fifth Annual Hugh and Hazel Darling Foundation Originalism Works-in-Progress Conference on February 21-22, 2014 at the University of San Diego Law School. The paper presenters and commentators for the conference are now available and I thought I would share it with the readers of this blog. Over the last several years, the conference has discussed some of the best work on originalism being produced by scholars.
1. Christopher Green (Mississippi), Loyal Denominatorism and the Fourteenth Amendment: Reconstruction History
Commentator: John Harrison (Virginia)
2. Stephen Sachs (Duke), Originalism as a Theory of Legal Change
Commentator: Richard Fallon (Harvard)
3. Larry Solum (Georgetown), The Fixation Thesis: The Original Meaning Of The Constitutional Text
Commentator: Mitch Berman (Texas)
4. Ilya Somin (George Mason), The Original Meaning of Public Use
Commentator: Michael McConnell (Stanford)
5. Yvonne Tew (Columbia), Originalism at Home and Abroad
Commentator: Bradley Miller (Western Ontario)
6. David Upham (Dallas), Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause
Commentator: Jack Balkin (Yale)
7. Christopher Yoo (Penn), The Unitary Executive at the Constitutional Convention: James Wilson and the Creation of the American Presidency
Commentator: Jack Rakove (Stanford)
In addition to the authors and commentators, the members of the Originalism Center should also be in attendance. The members include:
Larry Alexander, Laurence Claus, Donald Dripps, Michael Ramsey, Michael Rappaport, and Steven Smith.
The conference is open to the public and all scholars who are interested in originalism are invited to attend and participate in the conference by reading the papers and joining the discussion.