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Originalism and Construction, Pt. 6

1,559 views · Published 15 March 2010 · 9:34 · Indexed 12 October 2026

Channel: The Federalist Society · 2010 · News & Politics

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Recently, the so-called new originalists have embraced a concept called constitutional construction. Constructionist originalism responds to the claim that the original public meaning of some parts of the Constitution is vague or ambiguous. Constructionist originalists argue that interpreters are bound by the original meaning of the constitution only when it is clear. When it is unclear, interpreters must resort to non-originalist materials to determine the Constitution's meaning.  Other scholars have attacked construction as permitting resort to illegitimate methods of interpretation within originalism. This panel will explore the rationales for and problems of construction-the most important current development in originalist theory. The Federalist Society's Student Division presented this panel at the 2010 Annual Student Symposium on February 27, 2010.  Panelists included Prof. Randy Barnett of Georgetown University Law Center; Prof. Lino Graglia of the University of Texas School of Law; Prof. Caleb Nelson of the University of Virginia School of Law; Judge A. Raymond Randolph of the U.S. Court of Appeals for the DC Circuit; Prof. Kermit Roosevelt of the University of Pennsylvania Law School; and Judge Diane Sykes of th U.S. Court of Appeals for the Seventh Circuit as the moderator. Part 6 of 12

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