The rationale for what is now called “originalism” has chiefly to do with the legitimacy of the 1787 Constitution.
This weekend the Center for the Study of Constitutional Originalism will be holding its Ninth Annual Hugh & Hazel Darling Foundation Originalism Works-in-Progress Conference. Over time, this conference has grown. Our aspiration, which I believe we have largely met, has been to bring many of the leading scholars of originalism to San Diego in February to discuss cutting-edge works on originalism. The conference attempts to provide a balance as to important matters concerning originalism, including theoretical papers from both advocates and critics of originalism and papers that interpret constitutional provisions.
This year the papers are as follows:
1. Jack Balkin (Yale), Arguing about the Constitution: The Topics in Constitutional Construction
Commentator: John Harrison (Virginia)
2. Justice Thomas Lee (Utah Supreme Court) & James Phillips (Becket), Data-Driven Originalism
Commentator: Stanley Fish (Florida International University)
3. Thomas Merrill (Columbia), Legitimate Adjudication
Commentator: Michael McConnell (Stanford)
4. Christina Mulligan (Brooklyn), Diverse Originalism
Commentator: John McGinnis (Northwestern)
5. Richard Primus (Michigan), Enumerated Powers and the Bank of the United States
Commentator: Randy Barnett (Georgetown)
6. Eric Segall (Georgia State), Originalism as Faith
Commentator: Christopher Green (Mississippi)
7. David Upham (Dallas), Taking American Citizenship Seriously and the Recovery of the Fourteenth Amendment
Commentator: Kurt Lash (Richmond)
The Conference will be videotaped and will be put on line in the Spring. For last year’s conference, see here.