Why, or Why Not, Be an Originalist?

43 Pages Posted: 6 Apr 2022 Last revised: 7 Jun 2022

See all articles by Saikrishna Prakash

Saikrishna Prakash

University of Virginia School of Law

Michael C. Dorf

Cornell Law School

Richard H. Pildes

New York University School of Law

Amy Coney Barrett

Notre Dame Law School

Date Written: November 1, 2020

Abstract

On November 15, 2019, the Federalist Society hosted the second showcase panel of the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The topic of the panel was “Why, or Why Not, Be an Originalist?” There are a variety of arguments for following originalism today, such as justifications rooted in language, positivism, sovereignty, and consequences. This panel would look at many normative positions for and against originalism.

Keywords: constitutional law, originalism, originalist, positivism, sovereignty, statutory interpretation, legislative history

Suggested Citation

Prakash, Saikrishna and Dorf, Michael C. and Pildes, Richard H. and Barrett, Amy Coney, Why, or Why Not, Be an Originalist? (November 1, 2020). 69 Cath. U. L. Rev. 683-721 (2020), NYU School of Law, Public Law Research Paper No. 22-18, Available at SSRN: https://ssrn.com/abstract=4039219

Saikrishna Prakash (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

Michael C. Dorf

Cornell Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

HOME PAGE: http://www.lawschool.cornell.edu/faculty/bio.cfm?id=333

Richard H. Pildes

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
(212) 998-6377 (Phone)
(212) 995-4341 (Fax)

Amy Coney Barrett

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

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